Reddit challenges Australia’s under-16 social media ban in High Court
Reddit argues that Australia’s legislation banning under-16s from major social platforms infringes the implied freedom of political communication, as the High Court hears the case.
Reddit has taken the Australian government to the High Court, contending that the 2024 law prohibiting users under 16 from accessing major social media platforms breaches the implied constitutional freedom of political communication. Counsel Perry Herzfeld SC told the court that the legislation was drafted and passed within a week, with only a 24-hour public submission period, and that a 2021 parliamentary inquiry had not recommended such a ban. He warned that the rapid process led to "ill-thought-out, over-broad legislation."
The eSafety Commissioner had previously described a blanket ban as a "blunt-force approach" and warned it would not address the specific features that define a social-media platform, such as login requirements, recommendation algorithms, or endless scrolling. In March, communications minister Anika Wells introduced additional rules clarifying those definitions, but Herzfeld argued the ban still fails to target the identified concerns and instead imposes a broad 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 emphasized that the restriction prevents teenagers from posting, commenting, or upvoting content on subreddits such as r/Australia, limiting their ability to engage in political discourse, even though they can still view content.
Justice Jacqueline Gleeson noted that while some high-profile teenagers are politically active online, the majority of under-16s do not engage in politics regularly. The Digital Freedom Project, led by NSW Libertarian MP John Ruddick, will also present arguments, and the original plaintiff, 16-year-old Noah Jones, appeared with his mother and One Nation senator Malcolm Roberts.
The court will consider whether the government’s justification—citing risks to mental health, sleep and eating disorders—sufficiently outweighs the limitation on political communication for minors.