By Karim Hammam
Australia's government defended its world-first ban on children under 16 holding social media accounts during a High Court hearing on Wednesday, arguing the measure is necessary to protect developing brains from harm. The ban, which took effect in December 2025, covers platforms including Reddit, Facebook, Instagram, TikTok, X, YouTube, Snapchat, Threads, Kick and Twitch.
Government Outlines Risks to Children
Government lawyer Joanna Davidson outlined seven risks she said are posed by social media platform design features: addictive use, adverse sleep effects, depression, anxiety, suicidal ideation, exacerbation of disordered eating, and intensification of ADHD symptoms. Fellow government lawyer Stephen Lloyd told the seven judges the ban's burden on the implied freedom of political communication was "indirect in nature and modest in extent."
Challengers Cite Freedom of Political Communication
The constitutional challenges were brought by Reddit and the Sydney-based Digital Freedom Project. Reddit lawyer Perry Herzfeld argued the ban was "ill-targeted" and "over broad," stating Reddit should never have been included on the government's list of 10 age-restricted platforms. The challengers contend the ban deprives young children of a right to freedom of political communication implied in Australia's constitution.
Ban's Effectiveness Questioned
Platforms face fines of up to 49.5 million Australian dollars ($34.5 million) if they fail to take reasonable steps to remove underage accounts. Government data from July showed 5 million Australian social media accounts had been closed since the ban began, out of a population of 28 million. However, the government acknowledged the ban has not been as effective as hoped, with many young children bypassing age verification technologies. Platforms are prohibited from demanding government identification documents due to privacy concerns.
Potential Strengthening of Laws
The two-day hearing began on Tuesday, and a verdict is expected to take months. In June, the government announced it was considering strengthening the laws behind the ban.
