Teens challenge law before High Court
Australia’s social media ban on children is being challenged in the country’s highest court; The two teenagers claim the law is unconstitutional because it deprives them of their right to free communication.
From December 10, social media firms including Meta, TikTok and YouTube must ensure that Australians under 16 cannot have accounts on their platforms.
The law, which is closely watched around the world, has been justified by campaigners and the government as necessary to protect children from harmful content and algorithms.
But 15-year-olds Noah Jones and Macy Neyland, backed by a rights group, will argue the ban completely ignores children’s rights.
“We must not be silenced. It’s like Orwell’s 1984 and that scares me,” Ms Neyland said in a statement.
After news of the lawsuit broke, Communications Minister Anika Wells told parliament the government would not be affected.
“We will not be afraid of threats. We will not be afraid of legal challenges. We will not be afraid of big tech. We will stand firm on behalf of Australian parents,” he said.
The Digital Freedom Project (DFP) announced that the case was filed with the Supreme Court on Wednesday. Young people use social media to get information and come together, and a ban would harm the country’s most vulnerable children the most – disabled youth, First Nations youth, rural and remote children and LGBTIQ+ youth, the group’s website said.
The DFP, led by New South Wales MP John Ruddick, said its objections would depend on the impact of the ban on political communications and whether it was proportionate to the aims of the law.
The group argued that other measures to improve online security should be used instead, pointing to digital literacy programs, the mandatory introduction of age-appropriate features for platforms, and age-safe technologies with greater privacy protections.
Mr Jones argued the government’s policy was “lazy”. “We are true digital natives and want to remain educated, empowered and understanding in our digital world… Children should be protected with safety measures, not silence.”
Australian media had previously reported that YouTube owner Google was also considering launching a constitutional challenge.
Despite opposition from the tech companies that would be tasked with enforcing the ban, polls show it is supported by most Australian adults. But while some mental health advocates say it could deprive children of connection, others say it could push teens into even less regulated corners of the internet.
