Two 15-year-olds in Australia have launched a constitutional challenge against their government’s planned ban on social media for anyone under age 16. The legal move was filed on November 26 in the nation’s highest court by the rights-advocacy group Digital Freedom Project, joined by plaintiffs Noah Jones and Macy Neyland, as the controversial law set to take force on December 10 looms.
Under the legislation, social media companies must block under-16s from accounts on major platforms including Instagram, TikTok, Facebook, Snapchat, X, and YouTube or face hefty fines of up to A$50 million. The ban was framed by the government as a measure to protect children from online harms including bullying, misinformation, and mental-health risks.
The Digital Freedom Project argues the ban infringes on an implied constitutional right to political communication, effectively silencing millions of young Australians. The organisation calls the legislation “grossly excessive,” arguing that sweeping removal of access silences youth many of whom rely on these platforms for social connection, civic engagement, and accessing information. In a statement, one of the teens said the ban feels like “Orwell’s 1984” and claimed the government is opting for censorship rather than safety.
Government ministers remain unwavering. Anika Wells, the Communications Minister, insisted the law will go ahead as planned, despite the High Court challenge. The government argued age-based restrictions are necessary to safeguard children’s well-being, and that tools such as parental oversight or digital literacy programs are insufficient without strong guardrails.
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The stakes are high: if the Court sides with the teenagers, it could overturn a landmark piece of legislation the Online Safety Amendment (Social Media Minimum Age) Act 2024 and set a precedent for how youth rights intersect with digital regulation. On the other hand, if the law is upheld, Australia will become the first country to fully ban under-16s from major social media platforms a dramatic shift in global online-privacy and youth-policy standards.
As the legal battle begins, all eyes are on the High Court’s schedule and whether this bold challenge will reshape how governments balance child protection with fundamental digital freedoms.
