Google starts legal fight to overturn social media ban for under-16s

Google has already engaged several high-profile barristers before its likely legal action, which is expected to be launched early next month.

Communications Minister Anika Wells with eSafety Commissioner Julie Inman Grant at Broadbeach State School on Friday. Picture: Glenn Hampson

Google is preparing to launch a last-ditch legal challenge to the constitutional validity of the federal government’s social media ban for children under 16, with the tech giant set to argue that its video-sharing platform YouTube falls outside the terms of the legislation.

It’s understood Google has already engaged several high-profile barristers ahead of the likely legal action, which is expected to be launched early next month.

The Albanese government’s landmark social media ban will come into effect on December 10, with under-16s to be denied access forthwith to Facebook, Instagram, YouTube, TikTok, Snapchat, Threads and X, while existing accounts held by under-age children will be deactivated.

Google, which owns YouTube, is preparing to initiate its appeal against the inclusion of YouTube in the ban on the grounds that it is not a social media platform.

It’s understood Google is also expected to argue that the social media ban represents a breach of the implied right to political freedom under Australian law.

It’s possible other platforms could join the legal action set to be brought by Google on behalf of YouTube, legal sources told The Australian.

But the matter may well come to a head before Google announces any legal action, with the social media ban likely to be raised during Prime Minister Anthony Albanese’s meeting with US President Donald Trump in Washington on Tuesday morning (AEST).

At a Senate inquiry last week, Google director of government affairs and public policy Stefanee Lovett said the tech company’s US office had been briefed on a “range of issues” relating to industry discussions currently being dealt with in Australia.

“We’ve noted … that the Australian Prime Minister will be travelling to the US next week, and we’ve talked to some of our colleagues about a range of issues that we’re dealing with in Australia at the moment, so that they understand the position,” Ms Lovett said.

The US tech sector has been lobbying the Trump administration over its concerns with the Australian government’s legislative crackdown on social media platforms, as well as the proposed news media bargaining incentive, although the President’s stance on the matter has been at times hard to gauge.

However, there are fears Australia could face retaliatory action from the Trump administration if US tech companies operating here experience financial losses as a result of Australian regulations.

YouTube was initially exempt from the social ban when the federal government’s world-first legislation was passed last year with bipartisan support. But in June, eSafety Commissioner Julie Inman Grant wrote to Communications Minister Anika Wells to recommend that decision be overturned, which it subsequently was.

Anika Wells has told many of the social media platforms there are no excuses not to enforce the law. Picture: David Crosling

Last week, Ms Wells held meetings with several of the proscribed platforms, including YouTube. According to a spokesman for Ms Wells, she “reminded the platforms of the government’s expectation that there is no excuse not to enforce the under-16 social media law”.

Platforms face fines of up to $49.5m if they are found to have not taken “reasonable steps” to comply with the legislation. But young people or their families won’t face fines or penalties if they gain access to the platforms.

Ms Wells’ spokesman did not respond when asked if the government was aware of Google’s looming court challenge to the inclusion of YouTube in the ban.

Google failed to respond to repeated questions from The Australian on Sunday.