Legal action filed one fortnight before the world-first restrictions take effect — with government vowing to press ahead
An internet-rights group has formally asked the High Court of Australia to block the forthcoming nationwide ban on social media access for children under 16, lodging a constitutional challenge just two weeks before the law takes effect.
The challenge was filed by the Digital Freedom Project with two 15-year-olds as representative plaintiffs.
The group argues the ban, scheduled to commence on December 10, would violate the implied constitutional right to political communication by silencing young Australians.
Under the legislation — the Online Safety Amendment (Social Media Minimum Age) Act 2024 — platforms including
Facebook, Instagram, TikTok, Snapchat, X, YouTube and others must prevent under-16s from retaining or creating accounts or else risk fines of up to AUD 49.5–50 million.
Government officials have repeatedly stressed the policy’s aims: shielding children from online harms such as cyberbullying, harmful content, and mental-health risks.
In its submission, Digital Freedom Project contends the law represents an unjustified and sweeping restriction on youth expression, claiming “we are the true digital natives” who deserve the right to engage, learn and speak online.
The plaintiffs warn that the blanket ban will drive teens towards unregulated spaces or force them to adopt fake profiles.
The government, led by Communications Minister Anika Wells, remains unwavering: despite legal pressure it insists the ban will go ahead as planned.
Ministerial statements assert the move supports parents and reinforces national efforts to safeguard children in the digital environment, rejecting efforts to delay or derail enforcement.
As the legal challenge advances, Australia stands poised to implement what would be the first nationwide minimum-age restriction on social media — and a test case for the balance between youth protection and online freedom in the digital age.