Tech

High Court hears challenge to social media ban

High Court hearings begin on Australia’s social media ban for children amid debates on online safety and free communication rights

Two days of hearings on Australia’s social media ban for children have commenced in the High Court.

A digital rights group will argue that the under-16 ban limits free communication, with a separate Reddit challenge also being addressed.

Introduced last December, the ban is part of Australia’s online safety strategies, with support from those prioritising protection from harmful content.

Critics argue that the ban is too broad, suggesting a need for refined online safety measures instead.

Legal dispute

The Digital Freedom Project, led by New South Wales parliamentarian John Ruddick, initiated the High Court constitutional challenge ahead of the ban’s 10 December start.

Teens Noah Jones and Macy Neyland, initial case leaders, have withdrawn as plaintiffs, though Jones plans to attend the hearing.

Jones mentioned in November that while online risks exist, a general ban for under-16s isn’t the solution.

“We shouldn’t use platform resources to avoid government fines; they should address predators and harmful content,” he said.

Reddit’s High Court challenge claims the ban severely affects privacy and political rights, emphasizing collaboration for better youth safety measures.

Reddit will comply with the law during their challenge but seeks more effective protections, according to Chief Communications Officer Adam Collins.

Communications Minister Anika Wells affirmed the government’s firm stance against legal threats.

Wells declared that the government, representing Australian parents, will withstand pressure from big tech.

Under the law, ten platforms must prevent under-16 access, with potential fines of up to A$99m for breaches.

No violations have resulted in fines yet, though investigations are underway against platforms like Facebook and Snapchat.

WhatsApp, gaming sites like Roblox, Discord and educational platforms like YouTube Kids are exempt from the ban.

Meta reported closing half a million accounts initially, though children mention bypassing age checks by sharing credit card details, ID or selfies.

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