Reddit, libertarian group challenge Australia's under-16 social media ban
Reddit and the Digital Freedom Project ask the High Court to overturn Australia's under-16 social media ban, arguing it burdens implied political communication freedom.
The story in focus
Reddit and the Digital Freedom Project, led by NSW Libertarian MP John Ruddick, are challenging Australia's under-16 social media ban in High Court hearings on Tuesday and Wednesday, The Guardian reports. The case centres on whether the ban impermissibly burdens the implied freedom of political communication; the government is also contesting the group's standing.
- Hearings are scheduled for Tuesday and Wednesday before the High Court, per The Guardian.
- The ban, in effect nearly 11 months, covers 10 platforms including Reddit, TikTok and Facebook.
- The federal government is challenging the Digital Freedom Project's standing to bring the case.
- The eSafety commissioner is investigating compliance at five platforms under new powers.
The challenge and its legal basis
Reddit and the Digital Freedom Project, an advocacy group led by New South Wales state Libertarian MP John Ruddick, are seeking to overturn Australia's under-16 social media ban in High Court hearings on Tuesday and Wednesday, The Guardian reports. The law, in effect for nearly 11 months, requires 10 platforms — including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch and Threads — to deactivate or suspend accounts of users they determine to be under 16.
The case largely turns on whether barring under-16s from holding social media accounts impermissibly burdens the implied freedom of political communication, since Australia has no guaranteed right to free speech. Reddit argues platforms are a common source of news and political information, citing its Ask Me Anything sessions. The government defends the law as reducing harm to under-16s from features including algorithms, infinite scroll and likes.
Standing dispute and compliance scrutiny
The Digital Freedom Project faces an additional hurdle: the federal government argues the group lacks standing because it has not identified activity impeded by the ban. The group says some members are aged 13 to 15. Two teenagers originally named as lead plaintiffs were withdrawn in July, reportedly over concerns about potential legal costs.
Separately, eSafety commissioner Julie Inman Grant is using new powers to investigate whether TikTok, Snapchat, YouTube, Instagram and Facebook comply with the law, with fines of up to nearly $100m per breach possible. Parliament is also debating digital duty of care legislation, which the government says would require the same action as the ban.
What is the central legal question in the High Court challenge?
The court will consider whether preventing under-16s from holding social media accounts impermissibly burdens the implied freedom of political communication in Australian law, The Guardian reports.
Sources & further reading
- Reddit and libertarian group challenge Australia’s under-16s social media ban in high court ↗The Guardian
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