Two 15-year-olds have asked Australia’s High Court to strike down a forthcoming ban on social media use by under-16s, arguing the law breaches the country’s implied freedom of political communication ahead of its 10 December start.
The Digital Freedom Project, a campaign group, said on Wednesday it had filed proceedings with the High Court on behalf of Noah Jones and Macy Neyland, aiming to stop what it called a “grossly excessive” law. Australia has no explicit constitutional right to free speech, but the High Court has recognised a limited implied freedom tied to political communication.
More than one million accounts held by Australians under 16 are due to be deactivated when the ban takes effect. The restrictions apply to platforms including YouTube, TikTok, Snapchat and Meta’s Facebook and Instagram.
Neyland said the measure would prevent young people from expressing views online.
“Young people like me are the voters of tomorrow … we shouldn’t be silenced. It’s like Orwell’s book 1984, and that scares me,” she said.
The Digital Freedom Project is led by John Ruddick, a Libertarian Party member of the New South Wales Parliament. Australian media have also reported that YouTube has considered a separate High Court challenge on grounds the law burdens political communication.
Communications Minister Anika Wells told Parliament that the government, led by Prime Minister Anthony Albanese, “would not be intimidated” by threats or legal action.
“The Albanese Labor government remains steadfastly on the side of parents, and not of platforms,” she said.
Companies that fail to comply could face penalties of up to A$49.5 million (about $32.2 million). Governments and technology firms worldwide are watching the case closely, as Australia prepares to implement one of the most far-reaching controls on minors’ access to social media.
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