A groundbreaking constitutional challenge has been launched against Australia’s upcoming social media ban for children under 16, just two weeks before the world-first law is set to roll out.
The Digital Freedom Project, a campaign group advocating for online rights, confirmed that it has filed proceedings in the High Court of Australia. The case is led by two 15-year-olds, Noah Jones and Macy Neyland, who argue that the ban unfairly strips young people of their right to participate in modern communication spaces.
If the ban proceeds as scheduled on December 10, more than one million social media accounts belonging to teenagers under 16 will be forcibly deactivated across major platforms such as YouTube, TikTok, Snapchat, Facebook and Instagram.
In its statement, the Digital Freedom Project said the law “robs” young Australians of their implied constitutional freedom of political communication, noting that Australia does not expressly guarantee free speech. The group argues the legislation is “grossly excessive.”
Macy Neyland expressed concern that the ban would silence young voices during a time when digital platforms are central to civic engagement. She said, “Young people like me are the voters of tomorrow. We shouldn’t be silenced. It’s like Orwell’s book 1984, and that scares me.”
The organisation’s president, John Ruddick—who also serves in the New South Wales state Parliament under the Libertarian Party—backs the teens’ legal fight.
Responding to the challenge, Communications Minister Anika Wells said the government would not bow to “threats and legal challenges,” stating that the Albanese Labor government firmly supports parents over tech platforms.
Reports also suggest YouTube considered launching its own High Court challenge, arguing that the ban burdens political communication.
Globally, policymakers and tech companies are closely watching Australia’s move, as it represents one of the strictest attempts yet to regulate teenage access to social media. Passed in November 2024, the law has strong public support, fueled by research indicating that excessive social media use can harm teens through misinformation, cyberbullying, and unhealthy body image content.
Companies that fail to comply could face fines of up to A$49.5 million (RM133 million).
