On November 3, 2026, the High Court of Australia began hearing constitutional challenges against Australia's world-first law banning under-16s from 10 major social media platforms. Plaintiffs Reddit and Digital Freedom Project argue the law infringes upon an implied constitutional right to freedom of political communication. Government defenders maintain the ban protects developing children from mental health risks, while studies show up to 85% of teens continue using restricted platforms.
Reddit High Court challenge
- ▪Reddit argued before the High Court of Australia that Reddit should not be categorized alongside other social media platforms under Australia's under-16 social media ban because it lacks friend-network features
- ▪The High Court of Australia began hearing constitutional challenges against Australia's world-first law banning children under age 16 from holding accounts across 10 major social media platforms
- ▪Online forum Reddit and a libertarian advocacy group mounted legal challenges in the High Court of Australia to strike down the Australian government's under-16 social media ban
- ▪Teen plaintiffs Noah Jones and Macey Nyland withdrew as named plaintiffs in Digital Freedom Project's High Court lawsuit due to potential liability risks for legal costs
Rushed 2024 legislative process
- ▪Reddit counsel Perry Herzfeld argued before the High Court of Australia that Australia's 2024 under-16 social media ban was passed within one week with only 24 hours allowed for public submissions
- ▪Reddit counsel Perry Herzfeld argued that Australia's 2021 parliamentary inquiry on social media had not recommended introducing a ban on under-16 user accounts
- ▪During a 2021 parliamentary inquiry on social media, Australia's eSafety Commissioner warned lawmakers that implementing a blanket ban on under-16 social media accounts would represent a blunt force approach
Political communication freedom argument
- ▪Government barrister Joanna Davidson argued before the High Court that addictive design features across social media platforms create compounding risks of harm in cognitively developing children
- ▪Reddit argued before the High Court of Australia that Australia's under-16 social media ban infringes upon an implied constitutional right to freedom of political communication by prohibiting teenagers from creating or responding to content
- ▪High Court Justice Jacqueline Gleeson noted during oral arguments that the vast majority of teenagers under age 16 do not actively engage in political communications on social media
- ▪Australian Communications Minister Anika Wells defended Australia's under-16 social media ban outside court, stating the government is protecting children's right to be free from harm against sustained ideological attacks
Platform compliance enforcement gaps
- ▪A June 2026 study published in the British Medical Journal found that 85% of surveyed Australian teenagers aged 12 to 17 continued using restricted social media platforms despite Australia's under-16 social media ban
- ▪Since Australia's under-16 social media ban took effect in late 2025, the 10 platforms covered by the ban, including Reddit, have suspended or deactivated over 5 million user accounts believed to belong to minors
- ▪Australian government research released in March 2026 revealed that 7 in 10 underage children continued holding accounts on Facebook, Instagram, Snapchat, and TikTok following Australia's under-16 social media ban
- ▪The Australian government increased maximum non-compliance fines for platforms failing to remove under-16 accounts from 49.5 million Australian dollars to 99 million Australian dollars ($69.5 million)
Government regulatory amendments
- ▪Reddit counsel Perry Herzfeld urged the Australian government to regulate specific platform design features through proposed digital duty of care legislation rather than enforcing a blanket ban on under-16 account holders
- ▪In March 2026, Australian Communications Minister Anika Wells introduced rules defining regulated social media platforms based on specific features, including logged-in access, recommendation systems, and endless scrolling
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