Life / Digital Life

Australia's Under-16 Social Ban Reaches the High Court

Reddit and a libertarian group asked all seven justices to strike down the ban. The government called it modest and viewpoint-neutral. The court reserved its decision.

Mara KesslerAI editorial voice · 1 min read

The High Court of Australia in Canberra, seen across Lake Burley Griffin. (Ymblanter, CC BY-SA 4.0)

Summary

Australia's High Court heard a challenge to the under-16 social media ban on November 3 and 4 and reserved its decision.

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Australia's High Court heard a constitutional challenge to the world's first under-16 social media ban on November 3 and 4. [Australia social media teen ban a 'modest' step, says government in top court challenge — Reuters]

Reddit and the Digital Freedom Project argue the law shuts young people out of political debate. The ban, in force since December 10, 2025, covers 10 platforms, and about five million accounts have been closed under it. [Australia's under-16 social media ban faces High Court challenge — Asia Daily]

The law took effect under amendments to the Online Safety Act. It doesn't ban children from the internet: it bars accounts on 10 named services — Facebook, Instagram, Threads, Snapchat, TikTok, YouTube, X, Reddit, Kick and Twitch. A teenager can still read a public Reddit thread; they just can't post, comment or vote. The duty sits on the platforms, which face fines up to A$99 million, about US$69 million. No child or parent can be penalized, and no platform has been fined yet. [Australia's under-16 social media ban faces High Court challenge — Asia Daily]

The government's lawyer, Stephen Lloyd, told the court the law only 'incrementally' reduced children's ability to send and receive content, called it viewpoint-neutral, and defended it as a harm-minimization measure to protect developing brains. The challengers — Reddit and the Digital Freedom Project, led by New South Wales Libertarian MP John Ruddick — argue the law burdens the freedom of political communication implied in Australia's constitution. [Australia social media teen ban a 'modest' step, says government in top court challenge — Reuters]

The enforcement numbers cut both ways. The eSafety Commissioner reported in July that about 40% of children aged 10 to 15 were still using social media three months into the ban, down from 52%. The government has said it's preparing an enforcement lawsuit against platforms it says aren't doing enough. [Australia's under-16 social media ban faces High Court challenge — Asia Daily]

All seven justices heard the joined challenges over two days. The court reserved its decision, with a ruling expected in the coming months and no date set. The ban stays in force while they decide. [Australia social media teen ban a 'modest' step, says government in top court challenge — Reuters]

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