Reddit takes Australia to court over sweeping under-16 social media crackdown
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Reddit is challenging Australia’s rushed ban on under-16s using major social platforms, arguing the law tramples implied freedom of political communication and overreaches in the name of “safety.”
Reddit has dragged the Australian government before the High Court, arguing that the 2024 law barring users under 16 from major social media platforms violates the implied constitutional freedom of political communication. Counsel Perry Herzfeld SC told the court that the legislation was drafted and passed in barely a week, with only a 24-hour public submission window, and that a 2021 parliamentary inquiry had not recommended any such ban. He said the speed of the process produced "ill-thought-out, over-broad legislation."
The eSafety Commissioner had earlier called a blanket ban a "blunt-force approach" and warned that it would do nothing to address the specific features that make a social-media platform distinct, including login requirements, recommendation algorithms, and endless scrolling. In March, communications minister Anika Wells introduced extra rules to clarify those definitions, but Herzfeld argued the ban still misses the actual concerns and instead imposes a sweeping restriction on all under-16 accounts.
Since the ban took effect in December, more than five million accounts across ten platforms — including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch and Threads — have been suspended or deactivated. Herzfeld stressed that the restriction stops teenagers from posting, commenting, or upvoting content on subreddits such as r/Australia, narrowing their ability to take part in political discussion, even though they can still view content.
Justice Jacqueline Gleeson observed that while some high-profile teenagers are active in politics online, most under-16s do not participate in politics on a regular basis. The Digital Freedom Project, led by NSW Libertarian MP John Ruddick, will also make arguments, and the original plaintiff, 16-year-old Noah Jones, appeared with his mother and One Nation senator Malcolm Roberts.
The court will decide whether the government’s justification — pointing to risks to mental health, sleep and eating disorders — is enough to outweigh the restriction on political communication for minors.