Reddit launches High Court challenge against Australia’s social media ban
Both legal actions contend the legislation is unconstitutional
Reddit, the global online forum, has initiated a High Court challenge against Australia’s pioneering law, which bans children under 16 from holding accounts on major social media platforms.
The California-based company’s suit, filed on Friday, mirrors a similar case brought last month by the Sydney-based Digital Freedom Project. Both legal actions contend the legislation is unconstitutional, infringing upon Australia’s implied freedom of political communication.
“We believe there are more effective ways for the Australian government to accomplish our shared goal of protecting youth, and the SMMA (Social Media Minimum Age) law carries some serious privacy and political expression issues for everyone on the internet,” Reddit said in a statement.
“While we agree with the importance of protecting people under 16, this law has the unfortunate effect of forcing intrusive and potentially insecure verification processes on adults as well as minors, isolating teens from the ability to engage in age-appropriate community experiences (including political discussions), and creating an illogical patchwork of which platforms are included and which aren’t,” Reddit added.
Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube and Twitch face fines of up to 49.5 million Australian dollars ($32.9 million) from Wednesday if they fail to take reasonable steps to remove the accounts of Australian children younger than 16.
Australia’s eSafety Commissioner Julie Inman Grant, the law’s enforcer, sent compulsory information notices to the 10 age-restricted platforms on Thursday demanding data on how many accounts of young children they had deactivated since the law took effect on Wednesday.
Inman Grant had predicted that some platforms might have been waiting to receive their first notice or their first fine for noncompliance before mounting a legal challenge.
ESafety will send six monthly notices to gauge how effectively the platforms are complying.
Despite the court challenge, Reddit said it would comply with the law and would continue to engage with eSafety.
Documents filed with the court registry show Reddit will ask the seven High Court judges to rule the law is invalid.
Alternatively, the company wants the court to prevent the government from listing Reddit among the age-restricted platforms.
The High Court will hold a preliminary hearing in late February to set a date for Digital Freedom Project's challenge on behalf of two 15-year-olds. It is not yet clear whether the two challenges would be heard together.