Premier Peter Malinauskas moves to defend under-16 social media ban in High Court

The world's first under-16 social media ban faces an unprecedented constitutional challenge as teenagers take on the Premier in Australia's highest court.

Premier Peter Malinauskas has moved to defend the world-leading social media ban after two teenagers launched a High Court constitutional challenge. Picture: NewsWire / John Appleyard

Premier Peter Malinauskas is moving to defend the under-16 social media ban in the High Court, in the face of a teenage constitutional challenge to the world-leading laws.

Backed by a digital freedom lobby group, two 15-year-olds are trying to derail the ban, which starts from December 10 and forces platforms to verify users’ age or face fines of up to $49m.

Mr Malinauskas has moved to formally ask the High Court for the state government to be heard in the constitutional challenge, arguing in favour of the ban.

This follows his pioneering push, launched in May last year, to ban children from holding social media accounts, such as TikTok, Snapchat and Instagram, and commissioning a legal report from former Chief Justice of the High Court Robert French.

This led to Prime Minister Anthony Albanese announcing the under-16s ban, for which he credited News Corp Australia’s Let Them Be Kids campaign highlighting the dangers of social media.

Mr Malinauskas said the world was watching the Australian ban closely, because of the significant legislation “to protect our children from the dangers of social media and addictive algorithms”.

“It is no surprise that there will be those who seek to stop our intervention. But we will not be taking a back step,” he said.

“We will seek to ensure our arguments and reasons for pursuing this legislation are heard and clearly understood in any legal challenge.

“When something threatens to harm our kids – be it drugs, alcohol, gambling, or addictive social media – we act.”

The plaintiffs in the High Court action, Noah Jones and Macy Neyland, last Wednesday accused Canberra of trying to “silence” them.

They lodged their constitutional challenge with the help of the Digital Freedom Project, a group advocating for minimal government intervention in the “digital space”.

President and NSW state crossbencher John Ruddick said the ban “should concern every Australian”, arguing parental supervision should not be outsourced to “governments and unelected bureaucrats”.

Originally published as Premier Peter Malinauskas moves to defend under-16 social media ban in High Court