High Court to hear challenge to under-16s social media ban

The High Court of Australia is set to examine whether a ban on social media for children under the age of 16, implemented in December 2025, infringes upon the children's right to political communication and expression. The Digital Freedom Project initiated proceedings in the nation's highest court to challenge the law, while Reddit also filed a separate complaint regarding privacy and political expression concerns.

The government defended the ban, stating that the potential benefits outweighed the rights of young people. Children's rights expert Noam Peleg argues that if the court upholds the right to political communication, the legitimacy of the ban as a proportionate measure must be questioned. Australia's ranking of 142 out of 194 countries on the KidsRights Index highlights a need to address the challenging environment for children's rights.

The court's decision will also be influenced by the ongoing push by the Labor government to pass a new digital duty of care bill, which would hold tech platforms responsible for ensuring user safety. Despite the ban's effectiveness being questioned, with research indicating most children under 16 continue using social media, Peleg emphasizes the importance of considering children's right to participate in political debate, even if they cannot vote.