Government ‘confident’ of success against social media ban High Court fight
The minister spearheading the imminent social media ban has revealed how she feels about a challenge launched by teens in Australia’s highest court.
The Albanese government is “confident” it will win a High Court challenge to its imminent social media ban for under 16s, Communications Minister Anika Wells says.
Two 15-year-olds, backed by digital rights activists, launched a bid in the country’s top court last week accusing Canberra of trying to “silence” them.
The court has agreed to hear the case.
Ms Wells said on Sunday she felt good about the government’s odds.
“We are working with the Solicitor General on the High Court challenge that we have before us at the moment, and we’re really confident that we can put forward a very strong case and be successful,” she told Sky News.
“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.
“But I’m going to be spending the summer working on that High Court case to make sure that this law is upheld.”
In announcing their challenge, plaintiffs Noah Jones and Macy Neyland said the ban was “lazy” policy and would drive teens to set up “fake profiles”.
“We are the true digital natives and we want to remain educated, robust and savvy in our digital world,” Jones said.
“We’re disappointed in a lazy government that blanket bans under-16s rather than investing in programs to help kids be safe on social media.
“They should protect kids with safeguards, not silence.”
Neyland also charged the ban hampered political discourse among future voters.
“Young people like me are the voters of tomorrow,” she said.
She said that if politicians were so concerned about social media they should “stay off it” themselves but not “impose it on me and my peers”.
“Driving us to fake profiles and VPNs is bad safety policy,” she said.
“Bring us into safer spaces, with rules that work — age‑appropriate features, privacy‑first age assurance and fast take-downs.
“We shouldn’t be silenced. It’s like Orwell’s book 1984, and that scares me.”
They lodged their constitutional challenge with the help of the Digital Freedom Project.
The ban kicks in on Wednesday next week and will force platforms to verify users’ age.
They could be slapped with a fine of up to $49.5m if they fail to comply.
The 10 platforms covered by the restrictions so far include Instagram, Facebook, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, X and YouTube.
Some, such as live-streaming platform Kick, blur the lines of what constitutes social media, drawing further criticism from the ban’s opponents.
eSafety has flagged that more platforms are being considered.
Some companies have started telling teens to download their data and prepare for their accounts to be frozen.
Snapchat last week said that from December 10, all users thought to be under 16 will need to verify their age via a bank using ConnectID, government-issued photo ID or selfie.
The selfie would be checked using facial age estimation technology.
Meta – which owns Facebook, Instagram, Threads – also announced similar measures.
Originally published as Government ‘confident’ of success against social media ban High Court fight
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