Au High Court to consider whether under-16s social media ban is unconstitutional

Australia’s High Court is hearing a constitutional challenge to the country’s ban on social-media accounts for people under 16, which took effect in December 2025. The law requires ten platforms - including Facebook, Instagram, TikTok, YouTube, Reddit and X - to take reasonable steps to stop under-16s creating or keeping accounts; nearly five million accounts have since been blocked. Reddit and the advocacy group Digital Freedom Project argue that excluding young people from these services unduly restricts political communication and civic participation, particularly because minors cannot vote. They say children can evade age checks, harmful material remains accessible without accounts, and less restrictive measures could achieve the law’s aims. Reddit also disputes that it falls within the law’s definition of an age-restricted platform.

The federal government says the restriction is a justified, modest burden on political communication because it protects children from harm associated with engagement-driven platform features. It argues the rules are targeted, consultative and adaptable, and that constitutional protections chiefly cover eligible voters. State and territory governments support the law; South Australia’s premier argues that social-media algorithms shape what users see and can worsen democratic debate. Reddit says it supports youth safety but will keep complying while advocating alternatives. A constitutional law professor considers the government’s position strong, while noting that even a successful challenge might prompt technical amendments rather than end the ban. The hearings are expected to continue for two days, with international free-speech and technology groups seeking to participate as friends of the court.