Australia's highest court has commenced a two-day hearing to address two separate legal challenges against a controversial law that prohibits children younger than 16 from maintaining accounts on major social media platforms. The legislation, which took effect last year, targets ten specific services: Facebook, Instagram, Reddit, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch. Under the current rules, these platforms face potential fines reaching 49.5 million Australian dollars ($34.5 million) if they fail to implement reasonable steps to remove underage users.
The first challenge was initiated by the Sydney-based rights organization Digital Freedom Project. The group contends that the law is unconstitutional, arguing that it improperly strips millions of young Australians of their right to freedom of political communication, a right they claim is implied within the nation's constitution. The second legal challenge was filed by the U.S.-based online forum Reddit. Reddit’s argument centers on concerns regarding privacy and political expression, while also asserting that it should not be categorized alongside the other social media giants affected by the ban.
The proceedings, which are scheduled to conclude on Wednesday, have drawn significant public attention. Two 15-year-old Sydney residents, Noah Jones and Macy Neyland, were originally listed as plaintiffs when the Digital Freedom Project launched its case last year. However, they were eventually removed from the filing due to concerns that they could be held liable for legal costs if the challenge proved unsuccessful.
Speaking to reporters outside the court, 16-year-old Noah Jones characterized the legislation as a form of government censorship rather than a genuine safety measure. He suggested that the ban serves as a "stepping stone" for the government to gain increased control over the information young people consume as they approach voting age. His mother, Renee Jones, expressed that while she is "fiercely afraid" of the risks social media poses to minors, she believes the government’s approach is ineffective. She argued that the ban fails to teach young people how to interact safely online, stating that she wants her son to be resilient and capable of identifying digital dangers rather than being shielded from them.
Communications Minister Anika Wells, who attended the hearing, defended the government's position against what she described as a "sustained ideological attack." She stated that the government is defending a fundamental democratic tenet: the right of an Australian child to be free from harm. The government is currently considering strengthening the existing laws following findings that many children continue to use the restricted platforms. Research released by the government in March indicated that 7 in 10 underage children maintained accounts on platforms like Facebook, Instagram, Snapchat, and TikTok since December. Furthermore, a study published in the British Medical Journal in June found that 85% of surveyed Australian 12- to 17-year-olds continued to use the restricted services.
