Teenagers challenge law in High Court

Australia’s landmark social media ban on children is being challenged in the country’s highest court, with two teenagers claiming the law is unconstitutional because it deprives them of their right to communicate freely.

From December 10, social media companies including Meta, TikTok and YouTube must ensure Australians under the age of 16 cannot hold accounts on their platforms.

The law, closely watched around the world, is seen as necessary by activists and governments to protect children from harmful content and algorithms.

However, 15-year-olds Noah Jones and Macy Neyland, backed by human rights groups, argued the ban completely ignored children’s rights.

“We should not be silent. This is like Orwell’s book 1984 and it scares me,” Ms Neyland said in a statement.

After news of the case broke, Communications Minister Anika Wells told parliament the government would not be shaken.

“We will not be intimidated by threats. We will not be intimidated by legal challenges. We will not be intimidated by big tech. On behalf of Australian parents, we will stand firm,” she said.

The Digital Freedom Project (DFP) announced that the case had been brought to the High Court on Wednesday. The group said on its website that teenagers rely on social media for information and connection, and that a ban could cause the greatest harm to America’s most vulnerable children — young people with disabilities, Indigenous youth, children in rural and remote areas, and LGBTIQ+ youth.

The DFP, led by NSW MP John Ruddick, said their challenge would depend on the impact of the ban on political communications and whether it was proportionate to the objectives of the law.

The group believes other measures should be taken to improve online safety, pointing to digital literacy programmes, the mandatory introduction of age-appropriate features to platforms and age-guaranteed technology with greater privacy protections.

Mr Jones believes the government’s policies are “lazy”. “We are true digital natives and we want to remain educated, strong and savvy in the digital world… They should protect their children through safeguards, not silence.”

Australian media have previously reported that Google, which owns YouTube, has also been considering launching a constitutional challenge.

Polls show the ban has support from a majority of Australian adults, despite opposition from the tech companies tasked with enforcing it. However, some mental health advocates say this could cut off children, while others say it could push teenagers into more loosely regulated corners of the internet.