Politics1 min read

Australia rushed through ‘ill-thought-out’ under-16s social media ban, Reddit argues as high court challenge begins

By · Via The Guardian · Published by Everything Blog

In short

Reddit is challenging the constitutional validity of the youth social media prohibition, claiming the federal government rushed the legislation through parliament in a single week with merely a 24-hour window for public submissions. The law effectively prevents young users from posting, upvoting, or commenting in forums such as r/Australia. The court case comes after more than 5 million accounts across 10 major platforms were suspended or deactivated once the rules took effect in December. Furthermore, the proceedings will coincide with a separate constitutional challenge spearheaded by the Digital Freedom Project.

Key points

  • The High Court must determine if youth health risks justify curtailing teenagers' implied…: The High Court must determine if youth health risks justify curtailing teenagers' implied constitutional freedom of political communication.
  • Banning youth accounts eliminates their capability to interact with civic content through…: Banning youth accounts eliminates their capability to interact with civic content through commenting and voting on major online forums.
  • The judiciary will simultaneously consider another legal challenge against the legislatio…: The judiciary will simultaneously consider another legal challenge against the legislation mounted by the Digital Freedom Project.

Sources checked by our analysis pipeline: 1

The Australian government’s rush to pass the under-16s social media ban legislation in 2024 led to “ill-thought-out, over-broad legislation” that has since been narrowed after Reddit sued the government, lawyers for the social media company told the high court on Tuesday.

Reddit, one of the top ten websites visited in the world, has challenged the under 16s social media ban on the grounds that it impinges the implied freedom of political communications for teens under 16.

In oral arguments before the high court on Tuesday, Reddit’s counsel, Perry Herzfeld SC, argued in the years leading up to the ban legislation, a 2021 parliamentary inquiry on social media had not recommended introducing a ban, with the eSafety commissioner warning the inquiry at the time it would be a “blunt force approach”.

When the government announced the ban in 2024, Reddit argued the legislation was introduced and passed within a week, with only 24 hours of submissions allowed.

“A process of this kind is likely to lead to ill-thought out, over-broad legislation,” Herzfeld argued.

After eSafety announced Reddit would be included in…

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