Teens challenge Australia’s under-16 social media ban in court

The Australian High Court has heard a case from two teens who claim their rights are being violated by the country’s under-16 social media ban.

Just two weeks before Australia’s historic social media ban for minors under 16 is set to go into effect, a constitutional challenge has been launched. Two 15-year-olds, Noah Jones and Macy Neyland, were identified as plaintiffs in the case, which the campaign group Digital Freedom Project revealed on Wednesday had begun proceedings in the High Court.

The rule, which will go into effect on December 10, will deactivate over a million accounts on social media sites including Facebook, Instagram, YouTube, TikTok, and Snapchat that belong to minors under the age of sixteen. The law, which was passed in November 2024, is regarded as one of the most comprehensive initiatives worldwide to limit children’s access to social media.

The Digital Freedom Project claimed in their statement that even though Australia does not have a clear constitutional right to free speech, the prohibition “robs” young Australians of their implicit constitutional right to political communication. According to the group, the legislation is “grossly excessive,” and it silences young voices at a critical juncture.

Macy Neyland, the plaintiff, expressed worry that the prohibition will prevent teenagers from participating in significant public conversations. “Young people like me are tomorrow’s voters; we must not be silenced.” I’m afraid of it because it reminds me of Orwell’s novel 1984,” she remarked.

John Ruddick, a member of the Libertarian Party in the New South Wales Parliament and president of the Digital Freedom Project, is the organization’s leader.

Following news of the legal challenge, Communications Minister Anika Wells warned Parliament that threats and legal disputes will not influence Prime Minister Anthony Albanese’s center-left government. Wells stated that the challenge was being spearheaded by those with “ulterior motives,” adding that the Albanese Labor government was “steadfastly on the side of parents, and not of platforms.”

YouTube is reportedly mulling a High Court challenge, according to Australian media, claiming the restriction imposes an excessive burden on political expression.

The globe is keeping a close eye on Australia as it implements its restrictions. The law is seen as a test case for controlling children’s access to the internet by both governments and tech companies. Most Australians support the ban, according to opinion polls, which the government claims was spurred by studies that connected teens’ negative body image pressures, exposure to false information, and cyberbullying to excessive social media use.

One of the strictest enforcement policies ever implemented in the digital sphere, companies that violate the rules risk fines of up to A$49.5 million ($32.22 million).