High Court Begins Constitutional Review of Australia's Under-16 Social Media Ban Legislation

The Australian government enacted a social media ban in December 2025. This mandate requires platforms to take reasonable steps to prevent users under 16 from maintaining accounts. Legislators passed the law following concerns about harm from engagement-promoting features.

The Digital Freedom Project filed a constitutional challenge against the law. New South Wales Member of Parliament John Ruddick leads this project. Teenagers Noah Jones and Macy Neyland were initially named as lead plaintiffs. They withdrew from the case due to concerns about personal liability for legal costs. The High Court of Australia began hearing the case on November 3, 2026. This trial serves as the first major judicial test of the policy.

The eSafety Commissioner has launched investigations into whether major social media platforms comply with the age-restriction law.

1. Australian government states that the ban protects children from harm caused by engagement-promoting social media features. The government argues that this protection outweighs the impact on political communication.

2. The government maintains that the implied freedom of political communication under the Australian Constitution applies exclusively to eligible voters.

3. Prime Minister Anthony Albanese stated that more than 5 million accounts have been suspended across the 10 affected services since the ban began in December 2025.

4. Meta reported that it closed approximately 500,000 accounts in the days following the December 2025 ban.

1. Reddit and the Digital Freedom Project challenged the ban in court. The plaintiffs argue the law is unconstitutional. They assert the law restricts the implied freedom of political communication. The plaintiffs also contend the measure prevents young people from participating in civic life.

2. The Australian government challenges the legal standing of the Digital Freedom Project in this case. The government argues the group failed to identify specific activities hindered by the ban.

3. Constitutional law expert Prof. Anne Twomey stated that Reddit could succeed if it demonstrates a mismatch between the law's intended purpose and its practical effect.

4. The federal opposition questioned the reported 5 million suspended accounts. They alleged the figure was inflated.

5. The eSafety Commissioner investigates alleged non-compliance by Facebook, Instagram, Snapchat, TikTok, and YouTube. No company has received a fine since the ban took effect in December 2025.