A constitutional challenge has been filed in Australia’s High Court against the nation’s upcoming social media ban for children under 16, just two weeks before the law is set to take effect.
The Digital Freedom Project, a campaign group, announced the legal action today, with two 15-year-olds, Noah Jones and Macy Neyland, named as plaintiffs. The law, which comes into force on December 10, will see more than one million accounts belonging to teenagers under 16 deactivated on platforms including YouTube, TikTok, Snapchat, and Meta’s Facebook and Instagram.
The Digital Freedom Project described the ban as “grossly excessive,” arguing it infringes on young Australians’ implied constitutional right to political communication. Neyland said the law would prevent young people from expressing their views online, warning that it silences the next generation of voters.
John Ruddick, president of the Digital Freedom Project and a member of the Libertarian Party in New South Wales, added that the legal challenge aims to protect freedom of expression for minors.
In response, Communications Minister Anika Wells told Parliament that the Albanese Labor government would not be intimidated by threats or legal challenges, insisting the legislation protects parents rather than platforms. Reports also indicate that YouTube has threatened its own High Court challenge, citing burdens on political communication.
The ban, passed in November 2024, has broad public support, with the government citing research showing excessive social media use harms young teens by promoting misinformation, cyberbullying, and negative body image. Companies that fail to comply could face fines of up to A$49.5 million (RM133 million).
The outcome of this High Court case could have significant implications for social media regulation and youth digital rights globally.
