Australia's High Court to hear challenge to under-16 social media ban
Australia's High Court begins hearings on constitutional challenges to the under-16 social media ban, filed by the Digital Freedom Project and heard jointly with Reddit's case.
The story in focus
Australia's High Court will begin two days of hearings on Tuesday into constitutional challenges to the under-16 social media ban, BBC News reports. The Digital Freedom Project's case is heard jointly with a separate Reddit challenge. The ban has been in force since 10 December last year.
- Hearings start Tuesday and run two days at Australia's highest court
- The Digital Freedom Project filed the constitutional challenge before the ban took effect
- A separate Reddit challenge is being heard jointly
- Ten named platforms must take reasonable steps to block under-16s, with fines up to A$99m
- No company has been fined; the eSafety Commissioner has opened several investigations
What the court will consider
Australia's High Court opens two days of hearings on Tuesday into constitutional challenges to the country's under-16 social media ban, BBC News reports. The lead case was filed by the Digital Freedom Project, a digital rights group led by New South Wales parliamentarian John Ruddick, a few weeks before the ban started on 10 December last year.
The group argues the ban deprives children of their right to free communication. A separate challenge launched by Reddit, which contends the policy carries serious implications for privacy and political rights, will be heard jointly. Two teenagers who originally spearheaded the case, Noah Jones and Macy Neyland, have withdrawn as plaintiffs, though Jones is expected to attend.
How the ban works
Ten platforms — Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch — must take reasonable steps to ensure under-16s cannot access their sites. Serious or repeated breaches carry fines of up to A$99m, but no company has been fined since the ban began.
The eSafety Commissioner, which enforces the ban, has opened several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube. WhatsApp, gaming sites including Roblox and Discord, and educational platforms such as YouTube Kids and Google Classroom were not included. Communications Minister Anika Wells said last year the government would not be intimidated by legal threats.
Next step
The hearings test a policy the government has described as a key part of its online safety agenda. Supporters say it shields children from harmful content; critics call it too blunt and argue efforts should focus on improving online safety instead.
Who is challenging Australia's under-16 social media ban in the High Court?
The Digital Freedom Project, led by NSW parliamentarian John Ruddick, filed the constitutional challenge. A separate challenge by Reddit is being heard jointly during the two-day hearings starting Tuesday.
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