Reddit and libertarian-led group take under-16s social media ban to High Court
A two-day hearing will test whether the ban on under-16s holding accounts unreasonably burdens the implied freedom of political communication.
Australia's ban on social media accounts for under-16s faces its first major legal challenge this week, with Reddit and the Digital Freedom Project asking the High Court to overturn the law in hearings on Tuesday and Wednesday, The Guardian and ABC News reported.
The policy took effect in December last year. It requires Facebook, Instagram, Threads, Snapchat, X, TikTok, YouTube, Kick, Reddit and Twitch to take reasonable steps to stop under-16s creating or keeping accounts. The Guardian reported Prime Minister Anthony Albanese has said more than 5 million accounts have been suspended, while the ABC put the figure at nearly 5 million. The Guardian said the opposition has raised concerns the number may be inflated and the government has refused to release a breakdown by platform.
Australia has no guaranteed right to free speech, so the case turns on the implied freedom of political communication. The two legal bids are separate but have been joined into a single special case, the ABC reported. The plaintiffs argue there is a "fundamental disconnect" between the law's intention and its effect, saying many children have dodged age checks and that there were "obvious and compelling alternatives".
Reddit's lawyers say the ban stops young people engaging in political discussion. "The deprivation is profound where it is inflicted on a group that does not have the avenue of the ballot box," they argued. Reddit is also seeking a declaration that it is not an age-restricted platform under the legislation.
The Commonwealth argues the law targets harmful features such as algorithms, infinite scroll, persistent notifications and likes. According to the ABC, it also claims political communication freedoms apply only to people eligible to vote, making any burden indirect, modest and justified. State and territory attorneys-general have made submissions in support.
The Digital Freedom Project, led by NSW Libertarian MP John Ruddick, faces an extra hurdle. Two teenage plaintiffs were withdrawn in July, The Guardian reported, amid understood concerns about possible legal costs. The government argues the group has no standing because it has not identified any of its activities impeded by the ban.
Legal experts are divided. Constitutional law expert Anne Twomey wrote last year that Reddit could succeed by showing a mismatch between the law's purpose and its practical effect. Monash University's Luke Beck told the ABC the government had a strong case, and said that even if it lost, it may not abandon the policy. He has also said a win for Reddit could prove pyrrhic if parliament passes the digital duty of care bill now under debate.
Separately, eSafety commissioner Julie Inman Grant is investigating whether TikTok, Snapchat, YouTube, Instagram and Facebook are complying with the law, The Guardian reported. The companies could face fines of up to nearly $100 million a breach if the regulator goes to the Federal Court.
Sources: The Guardian, Reddit and libertarian group challenge Australia’s under-16s social media ban in high court; ABC News, High Court to hear challenge to under-16s social media ban.
