Reddit and the Digital Freedom Project are asking Australia's High Court to overturn the under-16 social media ban. The plaintiffs argue it burdens political communication, while all states and territories have lined up behind the Commonwealth.
Reddit and a libertarian advocacy group have taken Australia's under-16 social media law to the High Court, with hearings on Tuesday and Wednesday. The law bans large social media platforms from letting people under 16 have accounts and took effect in late 2025. A separate challenge launched by Reddit will be heard jointly with the Digital Freedom Project case. It is the first legal challenge to the law.
Arguments before the court
A lawyer for Reddit told the court the ban was ill thought out and amounted to a profound restriction on political debate. The plaintiffs argue the ban places an unreasonable burden on Australia's implied freedom of political communication. The Digital Freedom Project argues in written submissions that the ban restricts young Australians' ability to access news and engage in political communication.
Reddit's lawyer Perry Herzfeld said Reddit agreed with the aim of minimizing harm but that the law failed to achieve it. He called the law inept because it did not require any specific measure to keep out minors and did not restrict other online services where cyberbullying takes place, such as gaming websites. Herzfeld added that if the Commonwealth is worried about particular features of social media, it should regulate those features, which it has not done. Reddit also argued that the ban's approach is more dangerous, because registered accounts are governed by in-built safety features and material on many platforms can still be accessed without an account.
Reddit's chief communications officer, Adam Collins, said the company shares the government's goal of protecting young people online. He said Reddit believes there are better, more effective ways than the social media minimum age, and that it will keep complying with the ban while challenging it.
The plaintiffs and the defense
The Digital Freedom Project is led by Libertarian NSW MP John Ruddick and is also suing the eSafety commissioner. Two teenage lead plaintiffs, Noah Jones and Macey Nyland, were withdrawn from the case in July. The two 15-year-olds were removed over concerns they would be held personally liable for legal costs if the case was lost.
The Australian government and its communications minister, a named defendant, have said they will defend the law. All the states and territories have lined up behind the Commonwealth for the two-day hearing.
Enforcement and early results
Ten platforms must take reasonable steps to ensure no one under 16 can access their site: Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads and Twitch. Multiple studies, including by the eSafety Commissioner, have found that most Australian teenagers under the cut-off age continue to use social media since the ban went live. Many children have said they were able to easily circumvent the age checks.
The eSafety Commissioner has launched several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok and YouTube. Commissioner Julie Inman Grant is using new powers to examine whether the platforms comply, and companies could face fines of up to nearly $100m a breach if the regulator goes to federal court. The government has doubled the maximum fine for non-compliance to 99 million Australian dollars ($69.5 million) and given the commissioner greater discovery powers. It has also said it is preparing an enforcement lawsuit against some of the biggest platforms.
