The Australian government has defended its ban on social media accounts for children under 16, describing the measure as a limited but necessary step to protect young people from online harm.
The defence came during a High Court challenge brought by Reddit and a libertarian advocacy group, which are seeking to overturn the law on the grounds that it violates constitutionally protected freedom of expression.
The legislation, introduced nearly a year ago, prohibits major social media platforms from allowing users under 16 to create or maintain accounts. The government maintains that the restrictions are necessary to minimise potential harm to children’s physical and mental health.
The outcome of the case could have wider implications for countries considering similar restrictions as governments worldwide explore measures to protect children in the digital environment.
During the second day of hearings, a lawyer representing Reddit argued that restricting minors’ access to social media imposed an excessive burden on their freedom of expression compared with the potential benefits.
However, government lawyer Stephen Lloyd told a seven-judge panel that the restrictions were relatively limited and had demonstrated positive effects.
He argued that the law placed only an indirect and modest burden on freedom of expression. According to Lloyd, the legislation gradually limits children’s ability to send and receive content through social media accounts while allowing them to access certain online material without logging in.
He also maintained that the law was neutral in terms of political viewpoints and did not target any particular form of political expression.
Under the legislation, children and their parents or caregivers face no penalties for violating the restrictions. However, social media companies could face fines of up to A$99 million ($68.97 million) for systematic non-compliance.
Despite the restrictions, several studies, including research by Australia’s eSafety Commissioner, have found that most children under 16 continue to use social media platforms.
The government has said it is preparing legal action to enforce compliance with the legislation.
Addressing concerns over implementation, Lloyd said it remained unclear whether continued access by minors was due to limitations in age-verification technology or social media companies failing to properly enforce the rules.
Nevertheless, he argued that the legislation would contribute to the government’s broader objective of protecting children online.
The High Court hearing has been adjourned, with a further date yet to be announced. The judges are expected to deliver their ruling following the conclusion of proceedings.
