Australia to enforce social media ban for children under 16 despite court challenge

MELBOURNE, Australia (AP) — The Australian government said young children will be banned from social media next month as scheduled despite a rights advocacy group on Wednesday challenging the world-first legislation in court.

The Sydney-based Digital Freedom Project said it had filed a constitutional challenge in the High Court on Wednesday to a law due to take effect on Dec. 10 banning Australian children younger than 16 from holding accounts on specified platforms.

Communications Minister Anika Wells referred to the challenge when she later told Parliament her government remained committed to the ban taking effect on schedule.

“We will not be intimidated by legal challenges. We will not be intimidated by Big Tech. On behalf of Australian parents, we stand firm,” Wells told Parliament.

Digital Freedom Project president John Ruddick is a New South Wales state lawmaker for the minor Libertarian Party.

“Parental supervision of online activity is today the paramount parental responsibility. We do not want to outsource that responsibility to government and unelected bureaucrats,” Ruddick said in a statement.

“This ban is a direct assault on young people’s right to freedom of political communication,” he added.

The case is being brought by Sydney law firm Pryor, Tzannes and Wallis Solicitors on behalf of two 15-year-old children.

Digital Freedom Project spokesperson Sam Palmer could not say whether an application would be made for a court injunction to prevent the age restriction taking effect on Dec. 10 before the case is heard.

Technology giant Meta last week began sending thousands of Australian children suspected to be younger than 16 a warning to downland their digital histories and delete their accounts from Facebook, Instagram and Threads before the ban takes effect.

The government has said the three Meta platforms plus Snapchat, TikTok, X and YouTube must take reasonable steps to exclude Australian account holders younger than 16 or face fines of up to 50 million Australian dollars ($32 million).

Malaysia has also announced plans to ban social media accounts for children under 16 starting in 2026.

Malaysian Communications Minister Fahmi Fadzil said this week his Cabinet approved the move as part of a broader effort to shield young people from online harm like cyberbullying, scams and sexual exploitation. He said his government was studying approaches taken by Australia and other countries, and the potential use of electronic checks with identity cards or passports to verify users’ ages.