OMM Newsroom
Australia’s High Court is set to begin two days of hearings on Tuesday over a legal challenge to the country’s ban on social media for children under 16, according to the BBC.
The Digital Freedom Project will argue that the ban infringes children’s right to communicate freely. A separate challenge brought by “Reddit” will be heard jointly.
Introduced on 10 December last year, the ban is a key part of a wider set of online safety measures pursued by the Australian government in recent years. Supporters say it protects children from harmful content, while critics argue it is too blunt and that efforts should instead focus on improving online safety.
The Digital Freedom Project filed its constitutional challenge a few weeks before the ban came into effect. The group is led by New South Wales parliamentarian John Ruddick.
Two teenagers who initially spearheaded the case, Noah Jones and Macy Neyland, have since withdrawn as plaintiffs. Jones is still expected to attend Tuesday’s hearing.
Speaking to the BBC about the challenge last November, Jones said there was harmful material online but a blanket ban for under-16s was not the right response.
“We shouldn’t be using the resources and money of these social media platforms to try to avoid fines from our government,” he said. “They should be using this money and resources to try to get rid of the predators and harmful content out there.”
“Reddit” has argued that the policy has serious implications for privacy and political rights.
Communications Minister Anika Wells said last year that the government would not be “intimidated by legal threats”.
“We will not be intimidated by big tech. On behalf of Australian parents, we will stand firm,” she said last November.
The rules require 10 platforms — “Facebook”, “Instagram”, “TikTok”, “YouTube”, “Reddit”, “Snapchat”, “X”, “Kick”, “Threads” and “Twitch” — to take “reasonable steps” to prevent anyone under 16 from accessing their services.
Platforms face fines of up to A$99m (US$70m, £52m) for serious or repeated breaches. No company has been fined since the ban began.
The eSafety Commissioner, which is responsible for enforcing the ban, has opened several investigations into alleged non-compliance by “Facebook”, “Instagram”, “Snapchat”, “TikTok” and “YouTube”.
“WhatsApp” and online gaming sites such as “Roblox” and “Discord” are not covered by the ban. Educational platforms, including “YouTube Kids” and “Google Classroom”, are also excluded.
In the first few days after the ban began, “Meta”, which owns three of the affected platforms, said it had closed about half a million accounts.
Some children said their accounts were removed in the days before and after the ban took effect. Others said they had been able to get around age checks, which included providing credit card details, photo identification or a selfie.
