NSW government joins High Court fight to defend social media ban for children

NSW has joined South Australia to defend Australia's world-first social media ban for under-16s against a High Court challenge by two teenagers.

The NSW government will fight against High Court challenge arguing banning kids from social media is a breach of the constitution.

The NSW government will join South Australia in fighting a High Court challenge to Australia’s social media ban for under-16s.

The Daily Telegraph can reveal Attorney-General Michael Daley will intervene so the state government can be heard in the case.

The federal government’s defence is being led by Solicitor-General Stephen Donaghue, with Communication Minister Anika Wells saying she is “really confident” the Commonwealth will successfully fight the challenge.

The case, launched by two teenagers and supported by the “Digital Freedom Project”, will argue banning kids from social media is in breach of the constitution, as it infringes on implied freedom of communication.

Minister for Communications, Anika Wells addresses the National Press Club of Australia in Canberra. Picture: Martin Ollman

The ban will come into effect from Wednesday.

Premier Chris Minns said the NSW government would seek to be heard in the High Court to defend “world-leading” reform.

“The principle at the heart of this reform is simple: when something threatens to harm our kids, we act.”

Mr Daley said banning kids from social media was a “sensible thing to do”.

“We will seek to help defend this important protection for children, not just in NSW, but across the country,” he said.

Libertarian MP John Ruddick is supporting the constitutional challenge.

NSW Premier Chris Minns said the state will join the battle. Picture: Nikki Short

Libertarian MP John Ruddick is challening the social media ban. Picture: Supplied

Mr Ruddick said the case was being funded by donations, but big tech companies were not yet involved.

“They’re very welcome to fund it,” he said.

“We’re not a front for big tech, but they’re very welcome to get in contact with us.”

He said young people should be able to stay on social media to get involved in political discussion.

“People who are 15 and 16 are going to be voting in a lot more elections than you and I … and they want to be informed,” he said.

“They’re getting 80 per cent of their political news and ideas from social media.”

The case could be heard as early as February.

Attorney General Michael Daley will intervene so the sate government can be heard in the case. Photo: NewsWire/ Gaye Gerard

Ms Wells said on Sunday while she was “not surprised” by the challenge, the social media ban was needed to protect children from predatory algorithms.

“This is really important law. (I’m) not surprised, given how world-leading it is, that people want to have a go at knocking it off. That’s their right,” she told Sky.

“But I’m going to be spending the summer working on that High Court case to make sure that his law is upheld.”

While the Coalition initially voted with the government to support the ban, federal Opposition leader Sussan Ley has criticised the rollout as being “chaotic”.

Coalition finance spokesman James Paterson said while the Opposition supported the principles of the policy, not enough had been done to prevent teens from “shifting from one social media platform to another to get around this ban”.

“We are worried about the way the government’s implementing this, but we hope it’s a success because we do know that serious harm to the mental health of young people is being done on these platforms,” he said on Sunday.

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Originally published as NSW government joins High Court fight to defend social media ban for children