Australia’s High Court hears bid to overturn under-16s social media ban 

Australia’s world-first social media ban for under-16s faces its first major legal test in the High Court, almost one year after taking effect.

The challenge was brought on Tuesday by online platform Reddit and Australian advocacy group Digital Freedom Project.

Reddit has highlighted a number of issues in its written submission to the court, pointing 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.

Social media companies were forced to delete millions of accounts after Australia banned those aged below 16 from the likes of 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 are found in breach of their obligations.

Reddit argued this approach was actually more dangerous, as registered accounts were governed by in-built safety features.

Material posted on many online platforms and social media sites could still be accessed without an account, Reddit said.

“Young people using other platforms without an account are also unable to be protected from exposure to particular harmful content as they previously had been,” its submission read.

Australia 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 was no “scientific consensus”.

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 advocacy group argued in written submissions.

“The restriction also risks removing beneficial sources of connection, support and participation,” it added.

Digital Freedom Project, according to its website, comprises a group of Australians who are concerned about increasing government intervention and censorship in the digital space.

Reddit and the Digital Freedom Project separately announced last year they would challenge the ban.

It was unclear how long the court would take to consider the case.

The Australian government has stepped up online and social media restrictions to protect young people from pressures and risks they could be exposed to while logged in to social media accounts, according to the online regulator, eSafety Commissioner.

The government has also proposed opt-out laws which would force social media companies to give users the choice to turn off their algorithm.

Meta and its social media platforms Facebook and Instagram are facing a class action lawsuit in Australia over allegations that addictive design features are harming children and teenagers.

The class action suit was filed on behalf of eight plaintiffs who allege they were harmed by Meta while they were below the age of 18.