Australia's landmark social media ban for children is being challenged in the nation's highest court, with two teenagers alleging the law is unconstitutional as it robs them of their right to free communication.
From 10 December, social media firms— including Meta, TikTok and YouTube— must ensure that Australians aged under 16 cannot hold accounts on their platforms.
The law, which is being watched closely around the world, was justified by campaigners and the government as necessary to protect children from harmful content and algorithms.
However, 15-year-olds Noah Jones and Macy Neyland—backed by a rights group—will argue the ban completely disregards the rights of children.
We shouldn't be silenced. It's like Orwell's book 1984, and that scares me, Ms Neyland said in a statement.
After news of the case broke, Communications Minister Anika Wells told parliament that the government would not be swayed. We will not be intimidated by threats. We will not be intimidated by legal challenges. We will not be intimidated by big tech. On behalf of Australian parents, we will stand firm, she stated.
The Digital Freedom Project (DFP) announced the case had been filed in the High Court, contending that teenagers depend on social media for information and social connection. The group emphasized that a ban could harm the nation’s most vulnerable youth, including those with disabilities, First Nations youth, rural kids, and LGBTIQ+ teens.
Led by New South Wales parliamentarian John Ruddick, DFP argues the challenge will focus on the ban's infringement on political communication and its proportionality to the law's aims.
The group advocates for alternative measures to enhance online safety, such as digital literacy programs and age assurance technologies that protect privacy more effectively.
The government’s policy is lazy. We are the true digital natives and we want to remain educated, robust, and savvy in our digital world... They should protect kids with safeguards, not silence, argued Mr. Jones.
While opposed by the tech companies tasked with enforcing it, the ban appears to have support from a majority of Australian adults according to polls. However, mental health advocates warn it might isolate kids or drive them to less regulated parts of the internet.