Legal challenge mounts against Australia’s social media ban for under-16s

Implemented nearly 11 months ago, the ban requires platforms including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch, and Threads to suspend or deactivate accounts identified as belonging to users under 16. Prime Minister Anthony Albanese has stated that over 5 million accounts across these platforms have been suspended as a result of the legislation.

The core of the legal argument revolves around whether the ban unduly restricts the implied freedom of political communication within Australian law, despite the nation lacking a guaranteed right to freedom of speech. Reddit contends that online platforms serve as a vital source of news and political information, citing the platform’s “Ask Me Anything” sessions where users engage with politicians and candidates.

The Australian government defends the law, asserting it aims to protect under-16s from the potential harms associated with social media features like algorithms, infinite scrolling, persistent notifications, and likes.

The Digital Freedom Project shares Reddit’s concerns regarding political communication but faces an additional challenge: the government questioning the group’s standing to bring the case to court. Initially, the case was led by two teenagers, Noah Jones and Macey Nyland, but they were withdrawn in July due to concerns about potential legal costs. The group now intends to present members aged 13 to 15 as examples in the case.

Legal experts are divided on the likely outcome. Professor Anne Twomey suggests Reddit could succeed in demonstrating a disconnect between the law’s purpose and its practical effects. However, Luke Beck, a professor of constitutional law at Monash University, believes the case is likely to fail, arguing the ban has a minimal impact on political communication and that teenagers were not heavily engaged in political discourse prior to its implementation. Beck also highlighted the difficulty Digital Freedom Project faces in proving its standing.

Several other countries are considering similar legislation, although concerns exist regarding teens circumventing the ban. The opposition has questioned the accuracy of the reported account suspension numbers, while the government has declined to release platform-specific data.

Simultaneously, eSafety Commissioner Julie Inman Grant is investigating whether TikTok, Snapchat, YouTube, Instagram, and Facebook are complying with the law, potentially facing fines of up to nearly $100 million per breach if violations are found. The parliament is also debating digital duty of care legislation, which Luke Beck suggests could diminish a potential victory for Reddit if the ban is overturned.