High Court to Hear Challenge to Australia's Under-16 Social Media Ban

Two days of hearings on a legal challenge to Australia’s ban on social-media use by people under 16 will begin in the High Court on Tuesday. The challenge, filed by the Digital Freedom Project, contends that the policy violates children’s right to free communication, while Reddit argues it raises serious privacy and political-rights concerns.

The ban, introduced in December 2023, requires ten major platforms – including Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch – to take "reasonable steps" to prevent access by anyone under 16, with potential fines of up to A$99 million for serious or repeated breaches. No fines have been issued since the policy took effect on 10 December.

Digital Freedom Project leader and New South Wales parliamentarian John Ruddick said the group aims to test the constitutionality of the measure. Former teen plaintiffs Noah Jones and Macy Neyland have withdrawn, though Jones is expected to attend the hearing. Jones told the BBC last November that while harmful content exists online, a blanket age-based ban is not the appropriate solution.

Communications Minister Anika Wells previously said the government would not be "intimidated by big tech" and would stand firm on behalf of Australian parents. The eSafety Commissioner, responsible for enforcement, has opened investigations into alleged non-compliance by several platforms. Meta reported the closure of about half a million accounts in the early days of the ban, and some children reported being locked out of their accounts, though many have reportedly circumvented age checks that required credit-card details, photo IDs or selfies.

The hearings will assess whether the ban, a central element of the government’s broader online-safety reforms, aligns with Australia’s constitutional protections.