High Court challenge launched against Australia's social media ban for under-16s

A landmark legal battle has erupted over Australia's world-first social media ban.

A High Court challenge has been filed against Australia’s world-leading social media ban, two weeks before it begins.

From December 10, platforms including Instagram, Snapchat and TikTok will have to take “reasonable steps” to keep under 16s off their sites.

On Wednesday, the Digital Freedom Project and two young Australians filed proceedings in the country’s highest court to overturn the laws.

The group, helmed by NSW Libertarian MP John Ruddick, said it is challenging the ban on the grounds it “robs” more than 2.5 million young Australians of their constitutional implied right of political communication and is therefore unlawful.

“Digital Freedom Project asserts that the legislation is grossly excessive, and that the government has not taken any of the multiple other options short of a blanket ban to keep young people safe on social media”.

Mr Ruddick said “this ban is disproportionate and will trespass either directly or indirectly upon the rights of every Australian”.

Communications Minister Anika Wells said the government would not be backing down.

“The Albanese Labor government remains steadfastly on the side of parents, and not of platforms,” she said.

“We will not be intimidated by threats. We will not be intimidated by legal challenges.”

Noah Jones, a 15-year-old co-plaintiff, said “we’re disappointed in a lazy government that blanket bans under-16s rather than investing inn programs to help kids be safe on social media”.

A High Court challenge has been filed against Australia’s world-leading social media ban, two weeks before it begins. Picture: iStock

Fellow 15-year-old Macy Neyland said “young people are the voters of tomorrow – why on earth should we be banned by expressing our views?”

“Driving us to fake profiles and VPNs is bad safety policy,” she said.

“Bring us into safer spaces, with rules that work … We shouldn’t be silenced.”

Ms Wells said young people had overwhelmingly told her the ban would be a “good thing” that would help reduce cyber-bullying and improve mental health.