High Court Examines Constitutional Challenge to Under-16 Social Media Restriction

Australia's restriction preventing individuals under the age of 16 from maintaining social media accounts is being challenged in the High Court by Reddit and a rights group. Legal representatives for Reddit argued during Tuesday's oral hearings that the legislation improperly restricts the implied freedom of political communication for minors.

The legal challenge contends that the federal government rushed the legislative process in 2024, allowing only 24 hours for public submissions before passing the law within a week. Reddit's counsel, Perry Herzfeld SC, told the court that this expedited process resulted in overly broad rules. Herzfeld noted that a 2021 parliamentary inquiry had not recommended a ban, with the eSafety commissioner previously describing such a measure as a blunt instrument.

The dispute involves whether the restriction on political communication is adequately justified by government claims of addressing credible harms, such as mental health difficulties, sleep disruptions, and eating disorders. Reddit argued that the statutory definition of a social media platform has since been narrowed following its initial legal action, pointing to new criteria introduced in March concerning recommendation features, endless scrolling, and logged-in functions.

Since the restriction took effect in December, platforms including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch, and Threads have suspended or deactivated more than five million accounts identified as belonging to users under 16 years of age.

Outside the courtroom, Communications Minister Anika Wells addressed reporters, noting she was not the minister when the legislation was originally enacted and stating that the government would present its defence within the court proceedings.