Australian High Court hears challenge to teen social media ban

Australia Defends World-First Teen Social Media Ban in High Court

Seven judges of the High Court of Australia have heard a constitutional challenge against the world’s first national social media ban for children under 16, nos.nl reported. The federal government is defending the legislation against a lawsuit brought by Reddit and the local advocacy group Digital Freedom Project, which argue the law violates the constitutional freedom of political speech. The legislation, enacted in December, applies to platforms including Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch. According to the court filings, lawyers for Reddit told the bench that the ban represents censorship and a severe restriction on political debate. Representing the federal government, Stephen Lloyd argued during the two-day hearing in Canberra that the measure is a modest, neutral, and justified restriction. Lloyd told the court that the law places an indirect and limited burden on minors while directly addressing addictive design features like infinite scrolling, likes, and personalized algorithms that pose risks of sleep disruption, anxiety, and depression. Outside the High Court, Communications Minister Anika Wells defended the policy. “We are here to defend a fundamental principle of the Australian democracy: the right of every Australian—and in particular of every Australian child—to be protected,” Wells told reporters.

Enforcement Hurdles and New Digital Duty of Care Legislation

Nearly a year after the ban took effect, data shows that more than 85 percent of children under 16 still access social media platforms. While five million accounts have been removed or restricted, underage users frequently bypass age verification checks and facial scans simply by creating new accounts with false ages. To combat evasion, the federal government recently raised the maximum corporate fine for non-compliance to 99 million Australian dollars. The eSafety Commissioner now holds the authority to compel tech companies to prove they have implemented adequate measures to block underage users, though no fines have yet been issued. Concurrently, the Australian parliament is debating a digital duty of care bill that would require platforms to let users disable personalized algorithms, remove harmful content, and protect minors from cyberbullying and the promotion of eating disorders. During the hearings, Reddit’s legal team referenced a 2021 statement by Julie Inman Grant, head of the eSafety Commissioner internet watchdog, in which she described a ban as a blunt instrument. The High Court has indicated that a final ruling on the constitutional challenge could take months, while the existing ban remains fully in force.

Frequently Asked Questions About the Australian Social Media Ban

Which platforms are covered under the Australian ban?

The legislation applies directly to ten major platforms operating in the country: Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch.

What are the maximum financial penalties for non-compliance?

Social media companies face maximum fines of up to 99 million Australian dollars if they systematically fail to prevent users under 16 from maintaining accounts.

How do minors continue to access platforms despite the law?

Research indicates that over 85 percent of children under 16 still use social media because simple age falsification during registration routinely bypasses current facial scans and verification checks.

When was the legislation originally implemented?

The Australian government introduced the ban in December, making Australia the first country globally to restrict social media access based on a minimum age requirement.

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