# Australian High Court Reviews Social Media Ban for Minors Reddit and activists challenge the constitutionality of Australia's strict under-16 social media prohibition. - **Source:** [NOS Nieuws](https://nos.nl) - **Published:** 2026-11-04 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/8eb4b179-cc97-4a7e-baba-3b89186dcc48 ## Legal Challenge at High Court The Australian High Court is currently reviewing the constitutionality of a nationwide social media ban for children under 16. Reddit and the Digital Freedom Project filed the lawsuit, arguing the law constitutes censorship and restricts political discourse. Seven judges are deliberating whether the legislation violates fundamental rights to freedom of expression. ## Scope of the Ban Implemented in December last year, the law targets major platforms including Facebook, Instagram, TikTok, X, and YouTube. Australia became the first nation globally to enforce such a comprehensive age-based restriction. The government maintains that the ban is a necessary measure to protect minors from harmful, addictive design features like infinite scrolling. ## Government Defense Strategy Government lawyers argue the legislation directly addresses features that cause sleep deprivation, depression, and anxiety in youth. Communications Minister Anika Wells defended the policy as a democratic duty to protect children. The state views the legal challenge as an ideological attack on its efforts to mitigate risks associated with personalized algorithms. ## Debate Over Digital Rights Critics, including the 15-year-old plaintiff Noah Jones, describe social media as the modern public square essential for information access. Opponents argue that excluding minors from these platforms creates social disadvantages. The legal proceedings highlight the tension between protecting child welfare and preserving the digital freedom of expression for younger generations. ## Proposed Digital Duty of Care While the current ban remains in effect, parliament is debating a new 'digital duty of care' law. This legislation aims to force companies to allow users to disable personalized algorithms. It also mandates the removal of harmful content, including cyberbullying and material glorifying eating disorders, further tightening control over global tech giants. ## Effectiveness of Current Restrictions Despite the ban, research indicates that over 85 percent of Australian youth under 16 still access social media platforms. Users frequently bypass age verification checks, such as facial scans, by providing false information. While five million accounts were restricted, the ease of creating new profiles undermines the intended impact of the legislation. ## Escalating Financial Penalties The government recently increased the maximum fine for non-compliance from 45 million to 99 million Australian dollars, approximately 60 million euros. The eSafety Commissioner now holds the authority to demand proof of enforcement from tech companies. Although no fines have been issued yet, the threat of massive penalties remains a primary regulatory tool. ## Future Judicial Implications The High Court's ruling, expected in several months, will set a global precedent for digital age regulation. If the court upholds the law, it may embolden other nations to adopt similar restrictive policies. Conversely, a ruling against the government would force a significant rethink of how states can legally regulate platform design. ## Sources covering this story - https://nos.nl/l/2638048 — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._