Australia Defends Under-16 Social Media Ban in High Court Challenge
Social Media restrictions for children under 16 face a constitutional challenge in Australia's top court.
Australia’s government has defended its world-first social media ban for children under 16, telling the country’s top court that the measure places only a modest restriction on political expression.
Government lawyer Stephen Lloyd presented the argument on Wednesday. He rejected a legal challenge brought by Reddit and a libertarian advocacy group, which claim the law violates constitutionally protected freedom of speech.
Australia introduced the ban nearly a year ago. It prevents major social media platforms from allowing children under 16 to hold accounts.
However, the government maintains that the legislation serves a legitimate purpose. It describes the restrictions as a necessary measure to minimise harm and protect children’s wellbeing in the digital age.
Government Says Restrictions Are Limited
The case entered its second day of hearings before a seven-judge panel. A lawyer representing Reddit argued that restricting minors’ access to online expression was disproportionate to the benefits of keeping them off social media.
In response, Lloyd described the restrictions as relatively minor and said they had demonstrated positive effects.
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“The burden is indirect and modest in extent,” Lloyd told the court.
He argued that the law gradually limits children’s ability to send and receive online content. Nevertheless, minors can still view some material without creating accounts.
Lloyd also described the legislation as “viewpoint neutral”. He said it does not target any particular political opinion or form of expression.
Platforms Face Heavy Fines for Noncompliance
Under the law, children and their caregivers face no penalties for breaking the restrictions. Instead, social media platforms can face fines of up to A$99 million (approximately US$68.97 million) for systemic noncompliance.
However, enforcement remains a challenge. Several studies, including research by Australia’s eSafety Commissioner, have found that most children under 16 still use social media.
The government has said it is preparing legal action over alleged failures to comply with the restrictions.
Lloyd told the court that authorities had yet to establish whether continued access resulted from weaknesses in age-verification technology or platforms’ failure to implement it properly.
Nevertheless, he argued that the legislation would continue to support the government’s child-protection objectives.
Global Debate Over Children’s Online Safety
The legal challenge carries implications beyond Australia. Several governments are considering or introducing similar restrictions as concerns grow over children’s exposure to social media.
A ruling against the Australian government could therefore create a significant setback for lawmakers pursuing comparable measures.
Meanwhile, critics argue that restrictions on young people’s online accounts could limit access to information, communication and political debate.
The court has adjourned the hearing until a date yet to be announced. The seven judges are expected to deliver their ruling after the proceedings conclude.
The case could become an important test of how governments balance children’s online safety with constitutional rights and freedom of expression.
