Key facts
- Government lawyer Stephen Lloyd told the court the ban is viewpoint neutral and does not target any type of political expression.
- Platforms can be fined up to A$99 million ($68.97 million) for systemic noncompliance; children and caregivers face no punishment.
- Lloyd said it was unclear whether noncompliance stems from weaknesses in age assurance technology or platforms' failure to implement it.
- Studies including by the eSafety Commissioner found most of Australia's under-16s still use social media, and the government said it is preparing an enforcement lawsuit.
- Lawyers for some of Australia's eight states and territories were scheduled to address the court as hearings continued.
Australia's government told the High Court on November 4 that the country's ban on under-16s holding social media accounts is a modest, non-partisan and justified curb on political expression, rejecting a legal challenge brought by Reddit and a libertarian advocacy group.
The law, in place for nearly a year, bars large social media platforms from allowing under-16s to hold accounts. The plaintiffs argue it violates constitution-protected speech. The government is defending it as a necessary harm minimisation measure.
A lawyer for Reddit told the court's seven-judge panel that the law's imposition on free speech for minors was disproportionate to the benefits of keeping them off social media. Stephen Lloyd, for the government, said the burden is indirect and modest in extent, and that the law incrementally reduced children's ability to send and receive content online while they could still view some content without an account. He said it was viewpoint neutral and did not target any particular type of political expression.
Children and caregivers face no punishment under the law, but platforms can be fined up to A$99 million ($68.97 million) for systemic noncompliance. Multiple studies, including by Australian regulator the eSafety Commissioner, have found most of the country's under-16s still use social media, and the government has said it is preparing an enforcement lawsuit.
Lloyd said it was unclear whether noncompliance was the result of weaknesses in age assurance technology or platforms' failure to implement it, but added that the law would contribute to the government's child protection aims regardless. Lawyers for some of Australia's eight states and territories were scheduled to address the court as the hearing continued.