High Court tests Australia's social media ban as fines remain at zero

Two days of hearings begin Tuesday at the Australian High Court to determine if the nation's ban on social media for children under 16 is constitutionally valid. The proceedings represent the first major judicial test of the law, which took effect on 10 December last year as part of a wider overhaul of online safety regulations.

The Digital Freedom Project, led by New South Wales parliamentarian John Ruddick, filed the primary constitutional challenge weeks before the ban commenced. The group contends that the policy deprives children of their right to free communication. A separate challenge brought by Reddit will be heard simultaneously, with the platform arguing the law has serious implications for privacy and political rights.

Two teenagers who initially drove the case, Noah Jones and Macy Neyland, have withdrawn as plaintiffs. However, Jones is expected to attend the hearing. He previously told the BBC that while harmful content exists online, a blanket ban is not the correct solution. "We shouldn't be using the resources and money of these social media platforms to try to avoid fines from our government," Jones said, adding that those funds should be used to remove predators and harmful content.

Communications Minister Anika Wells has maintained that the government will not be intimidated by legal threats from large technology companies. She stated last November that the government would stand firm on behalf of Australian parents. The ban requires ten specific platforms, including Facebook, Instagram, TikTok, YouTube, Reddit, Snapchat, X, Kick, Threads, and Twitch, to take reasonable steps to block access for users under 16.

The law carries financial penalties of up to A$99m for serious or repeated breaches. Despite the high stakes, no company has been fined since the ban began. The eSafety Commissioner has launched several investigations into alleged non-compliance by Facebook, Instagram, Snapchat, TikTok, and YouTube. WhatsApp, gaming sites like Roblox and Discord, and educational platforms such as YouTube Kids are exempt from the restrictions.

In the initial days following the ban's implementation, Meta reported closing approximately 500,000 accounts. Some children reported being removed from their accounts around the effective date. However, many users indicated they could easily bypass the age verification checks, which required uploading credit card details, photo IDs, or selfies.