Credited from: SCMP
A constitutional challenge has been filed in the High Court of Australia against a law that prohibits children under 16 from using social media platforms like YouTube, TikTok, and Instagram. The challenge, launched by the Digital Freedom Project on behalf of two 15-year-old plaintiffs, Noah Jones and Macy Neyland, comes just two weeks before the law's implementation on December 10. This legislation is expected to deactivate over one million accounts of minors across various platforms, a move critics say infringes upon the political communication rights of young Australians, an implied constitutional right in a nation lacking explicit free speech protections, according to SCMP and India Times.
The plaintiffs argue that rather than banning minors from these platforms, resources should instead be focused on eliminating harmful content and protecting children from online predators. They contend that the law “robs” them of their rights and limits their ability to engage in democratic discourse, which should not be restricted by age, emphasizing that "democracy doesn't start at 16," as stated by Neyland during an interview, according to BBC and SCMP.
In response to the challenge, Australian Communications Minister Anika Wells reiterated the government's commitment to the law, interpreting the legal challenge as politically motivated. She stated, “We will not be intimidated by threats or legal challenges” while maintaining that the Albanese Labor government is committed to ensuring the safety of minors over the interests of tech companies. Despite opposition from social media firms, the law has gained considerable support from Australian adults, as indicated by polling data, according to India Times and BBC.
As the debate unfolds, both sides recognize the potential ramifications of the ban. Critics highlight concerns that it may isolate young people, limiting their ability to connect with peers and access valuable information, while supporters argue that it is a necessary measure to combat the negative effects of social media on youth mental health and safety. The challenge's outcome could set important precedents regarding digital rights and the regulation of online platforms in Australia, according to SCMP, India Times, and BBC.