Australia's highest court has begun hearing constitutional challenges against a law that bans children younger than 16 from using popular social media platforms. The legislation, which took effect last year, targets platforms including Facebook, Instagram, Reddit, TikTok, X, and YouTube.
The challenges were brought by the Digital Freedom Project, a Sydney-based rights group, and the U.S. online forum Reddit. The Digital Freedom Project contends that the law unlawfully restricts the freedom of political communication, an implied right under Australia's constitution, for millions of young Australians. Reddit argues the ban raises issues of privacy and political expression and asserts it should not be categorized alongside other banned platforms.
The hearing, before seven High Court judges, is expected to conclude on Wednesday. Originally included as plaintiffs in the Digital Freedom Project case, two 15-year-olds were removed due to concerns about potential liability for legal costs.
One of the former plaintiffs, Noah Jones, now 16 and no longer subject to the ban, told reporters outside the court that the legislation represents a governmental move toward censorship, masked as child safety. He expressed concern that it allows the government to gradually increase control over information accessible to young people who will become future voters. Renee Jones, Noah's mother, shared fears about social media's impact on young people but felt the government's approach was misguided. She expressed a desire for her son to develop resilience and responsibility online, with the ability to identify potential dangers. The Australian government announced in June it was considering reinforcing the ban's legal framework, prompted by evidence that many young children continued to access restricted platforms. The targeted platforms face significant fines, up to 49.5 million Australian dollars ($34.5 million), if they fail to implement measures to remove underage accounts.
Government research released in March indicated that approximately 70% of underage children maintained accounts on platforms like Facebook, Instagram, Snapchat, and TikTok after the ban's initial implementation. A study published in the British Medical Journal in June found that 85% of Australian teenagers aged 12 to 17 continued to use the restricted platforms.
Communications Minister Anika Wells attended the court proceedings and stated that the laws are being defended as a crucial aspect of Australian democracy, protecting children's right to be free from harm against what she described as a sustained ideological attack.