Online harms on children will be highlighted by government lawyers as they fight a High Court challenge to Australia’s world-first under 16s social media ban.
The hearing before all seven justices began at the High Court on Tuesday, with Reddit barrister Perry Herzfeld SC arguing the government’s ban was “ill-targeted” and “over-broad”, rejecting the US-based social media giant’s inclusion as a banned platform.
The court is being asked whether limiting children and young people’s political engagement outweighs the harm done by social media platforms.
Attending the first day of the hearing was Noah Jones, a 16-year-old founding member of The Digital Freedom Project, which launched the legal challenge before the ban began in December 2025.
A second challenge emerged days later from Reddit, which argued the ban raised issues on privacy and political expression and inaccurately captured the forum-based platform.
The ban bars children under the age of 16 from holding accounts on 10 digital platforms, including TikTok and Meta platforms Facebook, Instagram and Threads.
Snapchat, Kick, Reddit, Twitch, X and YouTube are also listed, but Discord, Whatsapp and Messenger are not age-restricted.
The Commonwealth’s legal team began submissions on Tuesday, with Joanna Davidson SC identifying what she said were seven credible risks posed by social media platform designs and features.
Children and young people’s developing brains were particularly susceptible and vulnerable to these risks, Ms Davidson said, and parliament did not need further comprehensive proof to act.
Speaking outside the court, Noah said young people should be able to share their views online, arguing that otherwise they would be “spectators in their own world”.
“They shouldn’t be shut out,” he said.
The government has acknowledged concerns the bill might impinge on the rights of children, but believes the ends justify the means.
The ban’s effectiveness has been frequently called into question.
A report by the eSafety Commissioner, which enforces the ban, in July said more than five million Australian accounts had been removed or deactivated.
But four in 10 children aged 10 to 15 remained active on social media three months after the ban began, down from 52 per cent.
Labor is pushing to pass its new digital duty of care bill, which would place the legal responsibility on tech platforms to proactively secure their systems rather than relying on users to report harms.
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