Australia’s world-first restrictions on social media accounts for children under 16 are heading to the High Court, with a constitutional challenge set to be heard on Tuesday and Wednesday.
Reddit and the Digital Freedom Project are challenging the laws, arguing restrictions on young Australians using social media impermissibly burden the implied freedom of political communication.
The legislation requires covered social media platforms to take reasonable steps to prevent Australians under 16 from holding accounts.
The challenge comes almost a year after the restrictions took effect and could have implications for governments overseas considering similar measures.
Constitutional question in focus
The High Court will consider whether the restrictions impose an unconstitutional burden on political communication and whether the Digital Freedom Project has standing to bring its challenge.
The Commonwealth is defending the regime, which shifts responsibility for enforcement onto social media platforms rather than children or their parents.
Platforms can face substantial penalties if they fail to take reasonable steps to prevent underage accounts.
The hearing is scheduled across November 3 and 4 and will be closely watched by technology companies, regulators and governments internationally as Australia tests one of the world's most interventionist approaches to children's social media use.
