Australia’s historic social media ban for children is being challenged in the country’s highest court, with two teenagers alleging the law is unconstitutional because it denies them the right to free communications.
From December 10, social media companies including Meta, TikTok and YouTube will have to ensure Australians under the age of 16 cannot have accounts on their platforms.
The law, which is being closely watched around the world, was described by campaigners and the government as necessary to protect children from harmful content and algorithms.
However, 15-year-olds Noah Jones and Macy Neyland – backed by a rights group – will argue that the ban completely ignores children’s rights.
“We must not remain silent. This is like Orwell’s book 1984 and it scares me,” Ms Neyland said in a statement.
After news of the matter broke, Communications Minister Anika Wells told Parliament that the government would not be affected.
He said, “We will not be intimidated by threats. We will not be intimidated by legal challenges. We will not be intimidated by big tech. On behalf of Australian parents, we will stand firm.”
The Digital Freedom Project (DFP) announced that the case has been filed in the High Court on Wednesday. Teens rely on social media for information and connection, and a ban could harm the country’s most vulnerable children — youth with disability, First Nations youth, rural and remote children and LGBTIQ+ teens — the most, the group said on its website.
Led by New South Wales MP, John Ruddick, the DFP said their challenge would depend on the impact of the ban on political communications, and whether it is proportionate to the purposes of the law.
Other measures should instead be used to improve online safety, the group argued, pointing to digital literacy programs, the forced introduction of age-appropriate features to platforms, and age assurance technologies that have greater privacy protections.
Mr Jones argued that the government’s policy was “lazy”. “We are true digital natives and we want to remain educated, strong and savvy in our digital world… They should be protecting children with safeguards, not silence.”
Australian media have previously reported that Google, which owns YouTube, is also considering launching a constitutional challenge.
Although it will be opposed by the tech companies that will be charged with implementing it, according to polls, a majority of Australian adults support the ban. However, some mental health advocates say it could cut children off from exposure, and others say it could push youth into even less-regulated corners of the Internet.
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