Australia's High Court Reviews Social Media Ban for Children
Two legal challenges question the constitutionality and scope of the ban on young users.
The Brief
- Digital Freedom Project claims the ban infringes on freedom of political communication.
- Reddit argues the ban unfairly categorizes it with other platforms.
- Court hearing concludes on Wednesday with no plaintiffs from the original case.
The seven high court judges are reviewing two legal challenges to the ban on young children using major social media platforms. The ban, which took effect last year, restricts access to Facebook, Instagram, Reddit, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch for minors.
The first challenge was filed by the Sydney-based Digital Freedom Project, which argues the law violates the implied right to freedom of political communication under Australia’s constitution. The second challenge comes from Reddit, which claims the ban raises privacy and expression concerns and questions its inclusion with other platforms.
The two-day hearing will conclude on Wednesday. Originally, two 15-year-olds were plaintiffs in the Digital Freedom Project case, but they were removed due to potential legal liability if the case failed. Noah Jones, now 16 and no longer subject to the ban, criticized the legislation as a step toward censorship.
Noah’s mother, Renee Jones, expressed concern about the dangers of social media but believed the government’s approach missed the mark. She emphasized the need for young people to learn about online safety and responsibility rather than being banned from platforms altogether.
The Australian government has considered strengthening the laws behind the ban following evidence that many underage children continue to use the restricted platforms. The 10 targeted platforms face fines of up to 49.5 million Australian dollars if they fail to remove children’s accounts.
A June study found 85% of Australian 12 to 17-year-olds still use restricted platforms. Government research from March showed seven in 10 underage children continued to hold accounts on Facebook, Instagram, Snapchat, and TikTok since December. Communications Minister Anika Wells defended the laws as essential to protecting children from harm.
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