Two teenagers are challenging Australia’s under-16s social media ban in the High Court, arguing that the world-first law is unconstitutional because it deprives them of their right to free communication.
15 year olds Noah Jones and Macy Neyland are being backed by a children’s rights group in their efforts, which come just two weeks ahead of the ban taking effect from December 10.
While the social media ban received widespread support in Parliament as a way of reducing mental health for Aussie youth, Neyland said in a statement that it “silence[s]” children.
“We shouldn’t be silenced. It’s like Orwell’s book 1984, and that scares me,” Neyland said, according to BBC.
The pair’s efforts are being backed by a campaign group called Digital Freedom Project, which lodged the challenge in Australia’s highest court on Wednesday.
Campaigners are aiming to block the ban or have it altered so that it doesn’t prohibit young Aussies from political speech online. Neyland and Jones are named as plaintiffs in the proceedings.
Digital Freedom Project, led by president John Ruddick, argued that the legislation “robs” young Aussies of freedom of political communication, which is an implied right in the Australian constitution.
“The legislation is grossly excessive,” the group’s website reads. “This a blatant attack on the rights of young Australians and we can’t accept it.”
In response to the teens’ challenge, Communications Minister Anika Wells told Parliament that the government would not be intimidated by threats and legal challenges.
“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,” Wells said.
The results of the High Court proceedings remain to be seen, but the government is moving full steam ahead with the implementation of the ban, which will see hundreds of thousands of young Aussies logged out of platforms including Meta, YouTube, Kick, Reddit and X.
Meta fast-tracked the ban and will begin booting under-16s a week earlier on December 4, but there are ways for users to preserve at least some of their digital footprint.
The legislation was passed in Parliament in November 2024, and is supported by the majority of Aussies, according to polling data via Reuters.
Lead images: Instagram
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