The Australian government has defended its ban on social media use by children under the age of 16 in court, facing a legal challenge that could carry global implications. Government lawyers argued on Wednesday that social media use posed several risks to children, including depression, anxiety and suicidal ideation. They characterized the ban as modest in extent and maintained that any restrictions placed on freedom of political expression were indirect.
The ongoing legal case has been brought forward by US social media platform Reddit alongside the Sydney-based rights group Digital Freedom Project. The challengers contend that the regulatory measure is disproportionate and infringes upon the implied freedom of political communication protected under the Australian Constitution. Australia previously became the first nation in the world to enforce an under-16 social media ban, prompting countries such as France and the United Kingdom to explore similar legislative restrictions.
A potential defeat for the Australian government could serve as a major setback for international jurisdictions seeking to implement comparable policies. The current Australian law prohibits minors under 16 from accessing several prominent platforms, including Reddit, Facebook, Instagram, and YouTube. Companies face potential fines of up to 49.5 million Australian dollars, equivalent to approximately $34.7 million, if they fail to implement reasonable measures to remove underage accounts.
During the proceedings, Reddit argued that it should not have been included among the ten age-restricted platforms, calling the ban ill-targeted and overly broad. The country's highest court adjourned on Wednesday following a two-day hearing and is expected to deliver its final verdict in the coming months. The judges will ultimately decide whether the public health benefits of the ban outweigh its restrictions on freedom of political expression.
Official government data published in July indicated that five million social media accounts had been closed since the enforcement began in December. Nevertheless, authorities have acknowledged that many underage users continue to bypass age-verification controls. The government previously announced in June that it was considering strengthening the underlying legislation and is preparing a separate enforcement lawsuit.