By Fatma Younis
Reddit has argued before Australia's High Court that the federal government's ban on social media use for children under 16 is "ill-thought-out, over-broad legislation" that infringes on the implied freedom of political communication for teenagers.
Rushed legislation
Reddit's counsel, Perry Herzfeld SC, told the court on Tuesday that the 2024 legislation was introduced and passed within a week, with only 24 hours allowed for public submissions. He noted a 2021 parliamentary inquiry had not recommended a ban, and the eSafety commissioner had warned it would be a "blunt force approach."
Scope of the ban
The ban covers ten platforms including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch and Threads. Since it took effect in December 2025, more than 5 million accounts believed to belong to under-16s have been suspended or deactivated.
Political engagement arguments
Herzfeld argued the ban prevents teenagers from actively participating in political discussions on platforms such as Reddit's r/Australia community. While they can view content without an account, they cannot post, comment or upvote. Justice Jacqueline Gleeson observed that the "vast majority of teens the vast majority of time" do not engage in politics while under 16.
Government defends design features
Government barrister Joanna Davidson SC said the design features common across all ten platforms — including autoplay video, recommendation systems, default notifications and endless scroll — are engineered to maximize user engagement and revenue. She argued these features pose compounding risks to children's mental health, sleep and vulnerability to depression.
Alternative measures proposed
Reddit suggested alternatives such as the digital duty of care bill currently before parliament, laws prohibiting push notifications, time limits for children, or requiring parental controls for child accounts. The Digital Freedom Project, led by NSW Libertarian MP John Ruddick, has adopted Reddit's arguments. The case continues on Wednesday.
