Australia social media ban faces high court challenge from Reddit

Australia's highest judicial authority has begun hearing a major constitutional challenge against the national prohibition barring children under 16 from holding social media accounts.

Reddit launched the action in the High Court, asserting that the restrictions unlawfully curtail the implied freedom of political communication protected under the Australian Constitution. The platform argued before the bench that the measure had been hastily pushed through parliament without sufficient scrutiny, resulting in disproportionate and excessively broad rules.

The disputed legislation, passed in 2024 within a single week and following only a 24-hour window for public submissions, led to restrictions taking effect in December of that year. Since enforcement began, more than five million accounts believed to belong to under-16 users have been suspended or closed across 10 major networks, including Reddit, TikTok, Instagram, Facebook, YouTube, Snapchat, X, Threads, Twitch and Kick.

Representing Reddit, Perry Herzfeld SC told the court that earlier inquiries had not recommended an outright prohibition, noting that the country's eSafety commissioner had previously warned such a step would be a blunt instrument. Herzfeld argued that while teenagers can still read public posts without logging in, the prohibition prevents them from voting on content, participating in discussions, or sharing their own viewpoints on political forums like the r/Australia community.

Counsel for Reddit pointed out that the government could have explored less restrictive alternatives, such as restricting push notifications, mandating parental oversight, capping daily usage, or relying on duty-of-care legislation currently before parliament. He added that research submitted by federal authorities to show the risks of social media had not specifically examined Reddit.

The federal government defended the framework, contending that the legal limits are necessary to safeguard younger users from serious harms tied to mental health, eating disorders and chronic sleep deprivation. Government barrister Joanna Davidson SC told the court that platforms use design mechanisms—such as automatic playback, endless feeds, and algorithmic recommendations—to maintain user attention and drive revenue. Davidson stated that these interactive features pose compounding hazards for developing adolescent brains.

Communications Minister Anika Wells noted outside the courtroom that she had not held the portfolio when the bill was enacted, adding that the commonwealth would outline its full defense during hearings scheduled through Wednesday.

The Digital Freedom Project, an advocacy body led by New South Wales MP John Ruddick, also joined the hearing to support Reddit's constitutional arguments. Two teenage plaintiffs who initially took part in the legal action had earlier withdrawn over potential liabilities related to court expenses.