Australia to proceed with under-16 social media ban despite court challenge
The Sydney-based Digital Freedom Project announced it has filed a constitutional challenge in the High Court targeting the legislation
Australia confirmed Wednesday that its upcoming ban on social media accounts for children under 16 will roll out next month as planned, even as a rights group launches a legal fight against the landmark law.
The Sydney-based Digital Freedom Project announced it has filed a constitutional challenge in the High Court targeting the legislation, which is set to come into force on Dec. 10 and would bar Australians under 16 from creating accounts on designated social media platforms.
Communications Minister Anika Wells acknowledged the legal action while telling Parliament the government would not back down.
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"We will not be intimidated by Big Tech or by court challenges. We stand firm on behalf of Australian parents," Wells said.
Digital Freedom Project president John Ruddick, a New South Wales state MP from the Libertarian Party, criticized the law as overreach.
"Monitoring children's online activity is the most important parental duty today. We don't want that handed over to the government or unelected officials," Ruddick said. He added that the ban infringes on young people's right to political expression.
The case is being led by Pryor, Tzannes and Wallis Solicitors on behalf of two 15-year-olds. Spokesperson Sam Palmer said it was unclear whether the group would seek an injunction to pause the law before the hearing.
Meanwhile, Meta has already started notifying thousands of Australian users believed to be under 16, urging them to download their data and remove their accounts from Facebook, Instagram and Threads ahead of the deadline.
Under the new rules, Meta's platforms, along with Snapchat, TikTok, X and YouTube, must take reasonable measures to prevent users under 16 from accessing their services or face penalties of up to 50 million Australian dollars ($32 million).
Malaysia has announced a similar plan to restrict social media access for children under 16 beginning in 2026. Communications Minister Fahmi Fadzil said the policy aims to protect minors from threats such as cyberbullying, fraud and sexual exploitation. The government is reviewing Australia's model and may incorporate ID card or passport-based age verification.
