Minister stares down challenge to social media ban

Tess Ikonomou and Andrew Brown |

Australia’s new laws over social media use for young children are set to be challenged in court.
Australia’s new laws over social media use for young children are set to be challenged in court.

The Albanese government is standing behind a ban on under-16s using social media despite a looming High Court challenge to the reform.

In a statement on Wednesday, the Digital Freedom Project announced it had launched proceedings in the nation’s highest court in a bid to overturn the laws.

The group will challenge the ban on the grounds it “robs” more than 2.5 million young Australians of their constitutional implied right of political communication.

The world-leading restrictions kick in on December 10, with children set to be booted from platforms including Instagram, Facebook, Snapchat and TikTok.

Noah Jones and Macy Neyland, both aged 15, are listed as the plaintiffs.

Digital Freedom Project president and NSW parliamentarian John Ruddick labelled the ban disproportionate, saying it is “a direct assault on young people’s right to freedom of political communication”.

“It is not the government’s role to parent children, it should be up to families to decide when their children are ready for social media,” he said.

“This is the most draconian legislation of its type in the world. 

“Even the Chinese Communist Party would be drooling over this.”

But Communications Minister Anika Wells said the restrictions on social media were the right course of action.

“Despite the fact that we are receiving threats and legal challenges by people with ulterior motives, the Albanese Labor government remains steadfastly on the side of parents, and not of platforms,” she told parliament on Wednesday.

“We will not be intimidated by threats. We will not be intimidated by legal challenges. We will not be intimidated by big tech.”

Anika Wells
Anika Wells has backed the social media ban in the face of a court challenge. (Lukas Coch/AAP PHOTOS)

Under the new laws, social media companies face fines of up to $49.5 million if they fail to take “reasonable steps” to block young users from the cut-off date.

Platforms must implement age-assurance technology, but the eSafety Commission has not outlined a specific type or method.

Ms Wells previously said the list of platforms included in the ban would be fluid, meaning more could be added.

AAP