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Wednesday, 4 November 2026

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High Court Hears Challenge to Australia’s Under-16s Social Media Ban

Reddit and the Digital Freedom Project contest Australia’s law restricting social media accounts for users under 16 in the High Court.

Archive photo: High Court Hears Challenge to Australia’s Under-16s Social Media Ban
Archive photoPhoto: Thennicke · Wikimedia Commons · CC BY-SA 4.0

Australia's landmark legislation that prohibits children under the age of 16 from accessing social media platforms is facing its first significant legal challenge in the High Court. This challenge is brought forth by the online platform Reddit and the Digital Freedom Project, which is led by New South Wales state MP John Ruddick. The law, enacted nearly a year ago, has faced criticisms as being overly broad and prone to enforcement challenges.

In their court case, lawyers representing Reddit characterized the ban as "ill-thought-out," pointing to difficulties in enforcement and a lack of scientific evidence that supports the need for such legislation. They argue that the law infringes on the implied freedom of political communication, thereby making it unconstitutional.

During the hearing, the full court bench engaged with Reddit’s arguments, questioning whether the ban would have a meaningful effect on the political engagement of children, suggesting that young people are not sufficiently involved in political discourse for the ban's implications to be significant.

Archive photo: High Court Hears Challenge to Australia’s Under-16s Social Media Ban
Archive photoPhoto: Anotheroneoutthere3 · Wikimedia Commons · CC BY-SA 4.0

The Australian government defended the ban, contending that it is necessary to protect developing brains from perceived risks associated with social media usage. According to government representatives, the legislation serves as a harm minimization measure, aimed at safeguarding children from online dangers.

The legal representatives for both sides presented their cases, with Reddit advocating for the repeal of the law and the government insisting on the necessity of the measure for child protection. This case represents a critical moment as it tests the boundaries between regulatory measures and constitutional rights regarding freedom of speech.

As the hearing progresses, various aspects of the ban are being scrutinized, including its implications for privacy rights and potential censorship. This case may set a precedent for future regulations concerning social media access and the rights of minors in Australia.