Australia's under-16 social media ban faces High Court challenge from Reddit

Australia's world-first social media ban for under-16s has faced its first major legal test in the High Court, almost one year after taking effect. Online platform Reddit and advocacy group Digital Freedom Project brought the challenge before the court on Tuesday.

Social media companies were forced to delete millions of accounts after Australia banned those aged below 16 from platforms such as Facebook, TikTok, YouTube and Reddit last December. The platforms are responsible for identifying and deleting the accounts of underage users, and face hefty fines if they breach their obligations.

In its written submission to the court, Reddit pointed to problems enforcing the ban and a lack of scientific evidence about the harms of social media. “The evidence so far is that the effectiveness of the ban has been limited,” Reddit's submission reads.

Reddit argued the approach is actually more dangerous, because registered accounts are governed by in-built safety features, while material on many online platforms and social media sites can still be accessed without an account. Young people using platforms without an account are unable to be protected from exposure to harmful content as they previously had been, Reddit said.

Australia has said its restrictions would protect young users from graphic content and online predators. While there is a growing body of evidence about the harms of social media, Reddit argued there is no “scientific consensus” on the issue.

A team of Australia-based researchers published a study in August that found little evidence to suggest teenagers have stopped using social media despite the ban.

Digital Freedom Project, led by New South Wales politician John Ruddick, believes the ban is unconstitutional because it restricts teenagers’ ability to take part in political discourse. “Social media is an important means of accessing news and engaging in political communication for young Australians, including children under 16,” the group argued in written submissions, adding that the restriction also risks removing beneficial sources of connection, support and participation.

Reddit and Digital Freedom Project separately announced last year that they would challenge the ban. It remains unclear how long the court will take to consider the case.

According to the online regulator, the eSafety Commissioner, the Australian government has stepped up online and social media restrictions to protect young people from pressures and risks they could face while logged in. The government has also proposed opt-out laws that would force social media companies to give users the choice to turn off their algorithm.

Meta and its platforms Facebook and Instagram are also facing a class action lawsuit in Australia over allegations that addictive design features are harming children and teenagers. The suit was filed on behalf of eight plaintiffs who allege they were harmed while below the age of 18.