High Court Battle: Australia Defends 16-and-Under Social Media Ban
Government lawyers cite seven specific risks to child development while challengers argue the rule infringes on political communication rights.
By Kwame Silva ·
Five million Australian social media accounts were closed between December 2025 and July 2026, according to government data presented in the High Court. The closures resulted from a world-first law banning children younger than 16 from holding accounts on major platforms. The government argues this intervention is necessary to protect the developing brains of young users.
The High Court is currently hearing two constitutional challenges to the ban. The cases were filed by Reddit, a U.S. online forum, and the Sydney-based Digital Freedom Project. The ban took effect in December 2025 and applies to Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch.
Government lawyer Joanna Davidson outlined seven specific risks associated with social media platform design. She cited addictive use, adverse sleep effects, depression, anxiety, suicidal ideation, exacerbation of disordered eating, and intensification of ADHD symptoms. Davidson argued that the ban addresses these harms directly.
The challengers contend the law violates an implied right to freedom of political communication in the Australian constitution. Government lawyer Stephen Lloyd told the judges that the burden on this freedom is indirect in nature and modest in extent. The seven judges must determine if the harm from limiting political engagement is outweighed by the harm caused by the platforms.
Reddit lawyer Perry Herzfeld described the ban as ill-targeted and over broad. Herzfeld argued that Reddit should never have been included in the list of ten age-restricted platforms. The law places the responsibility on platforms to exclude young children. Platforms face fines of up to 49.5 million Australian dollars, or 34.5 million U.S. dollars, if they fail to take reasonable steps to remove young children's accounts.
The government acknowledged that the ban has not been as effective as hoped. Many young children have bypassed age verification technologies to open accounts. Platforms cannot demand government identification documents due to privacy concerns. In June, the government announced it is considering strengthening the laws behind the ban.
