The Australian government has reaffirmed its commitment to implementing a groundbreaking ban on social media access for children under 16, despite a legal challenge from the Digital Freedom Project. The Sydney-based advocacy group filed a constitutional challenge in the High Court on Wednesday, contesting the law set to take effect on December 10. The legislation prohibits children under 16 from holding accounts on major platforms, including Meta’s Facebook, Instagram, and Threads, as well as Snapchat, TikTok, X, and YouTube. Companies failing to comply face fines of up to 50 million Australian dollars ($32 million).
Communications Minister Anika Wells emphasized the government’s resolve, stating, ‘We will not be intimidated by legal challenges or Big Tech. On behalf of Australian parents, we stand firm.’ The Digital Freedom Project, led by New South Wales lawmaker John Ruddick, argues that the ban infringes on young people’s right to freedom of political communication and shifts parental responsibilities to the government. ‘Parental supervision of online activity is today the paramount parental responsibility. We do not want to outsource that to unelected bureaucrats,’ Ruddick said.
The case, brought by Sydney law firm Pryor, Tzannes and Wallis Solicitors on behalf of two 15-year-olds, has yet to determine whether an injunction will be sought to delay the ban’s implementation. Meanwhile, Meta has begun warning thousands of Australian children suspected to be under 16 to download their digital histories and delete their accounts before the ban takes effect.
Australia’s move has also influenced other nations, with Malaysia announcing plans to ban social media accounts for children under 16 starting in 2026. Malaysian Communications Minister Fahmi Fadzil cited the need to protect young people from online harms such as cyberbullying, scams, and sexual exploitation. The Malaysian government is studying Australia’s approach and considering age verification methods using identity cards or passports.