Reddit challenges Australia's under-16 social media ban in the High Court

Australia's world-leading ban on social media for under-16s faces its first major legal challenge on Tuesday, as Reddit and an advocacy group headed by a libertarian politician seek to overturn the law in the High Court.

Nearly 11 months ago, 10 platforms — Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch and Threads — were required to deactivate or suspend the accounts of users they determined to be under 16.

Prime Minister Anthony Albanese has said more than 5 million accounts across the 10 services have been suspended as part of the ban.

Whether the ban stays will be the subject of High Court hearings on Tuesday and Wednesday, brought by Reddit and the Digital Freedom Project, led by New South Wales Libertarian MP John Ruddick.

Australia does not have a guaranteed right to freedom of speech, and the case largely focuses on whether preventing under-16s from holding a social media account impermissibly burdens the implied freedom of political communication in Australian law.

In its submission, Reddit argued that online platforms are a common source of news and political information in Australia, pointing to its Ask Me Anything sessions where users have historically asked questions of politicians and candidates.

According to Reddit, teens would not be able to post on politics, comment or react to political content, or engage with the social media accounts of the youth wings of the major political parties.

The Australian government has argued in its defence that the law serves the legitimate purpose of reducing the risk of harm to under-16s from social media platforms' harmful features, including algorithms, infinite scroll, persistent notifications and likes.

The Digital Freedom Project, however, faces an additional hurdle, with the government challenging the group's standing to bring the case. Two teens, Noah Jones and Macey Nyland, were initially the group's lead plaintiffs, but both were withdrawn from the case in July.

Luke Beck, professor of constitutional law at Monash University, said the extra hurdle for the Digital Freedom Project to prove standing would also be difficult.

As the challengers get their day in court, eSafety commissioner Julie Inman Grant is also using new powers passed by parliament this year to investigate whether TikTok, Snapchat, YouTube, Instagram and Facebook are complying with the law. The companies could face fines of up to nearly $100 million per breach if the regulator takes the case to the federal court.