
Australia’s High Court began hearing arguments challenging the constitutionality of the country’s social media ban for minors, with the outcome expected to have significant implications for online regulation globally.
The policy, introduced last December, prohibits users under 16 from accessing ten major platforms including Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads, and Twitch. Platforms found in breach face potential fines up to A$99 million. The Digital Freedom Project and Reddit each filed separate constitutional challenges, arguing the legislation infringes upon freedoms implied in Australia’s constitution.
Opponents contend the ban represents an overly broad approach that restricts children’s ability to communicate and participate in modern discourse. Reddit’s legal representatives argued the policy breaches protections for political expression by cutting young people off from contemporary communication channels. They noted the hasty implementation process, pointing out affected parties had only 24 hours to submit comments before the law took effect. Government counsel countered that the measure is necessary to protect children from online harms, with Communications Minister Anika Wells characterizing youth protection from digital dangers as a fundamental democratic right.
Supporters emphasize the policy targets harmful content exposure, while critics advocate for targeted safety improvements rather than blanket bans. Since implementation, the eSafety Commissioner has initiated investigations into potential non-compliance by several major platforms. Meta reported closing approximately half a million accounts in the ban’s initial days, though reports indicate many users subsequently circumvented age verification requirements using credit card details, identification documents, or selfies.
WhatsApp, gaming platforms like Discord and Roblox, and educational tools remained exempt from the restrictions. Government arguments continued with court proceedings scheduled to extend into the following day as the full High Court bench considered the case.
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