In short:
The High Court will consider whether the federal government's under-16s social media ban has gone too far in seeking to protect children from online harms.
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ban → consider → harms
Advocacy group the Digital Freedom Project and Reddit will argue the ban is unconstitutional because it reduces political communication in Australia.
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it → argue → Australia
The government says the laws only have a modest burden on political communication and are justified in protecting children from harm.
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laws → say → harm
Australia's world-first social media ban for users under 16 will face its first major legal challenge in the High Court today, nearly a year after taking effect.
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ban → face → effect
Online giant Reddit and advocacy group the Digital Freedom Project argue the ban is unconstitutional because it excludes young people from civic engagement.
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it → argue → engagement
The policy, which came into effect in December last year, requires social media platforms to take reasonable steps to prevent Australians under 16 from creating or keeping an account.
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which → come → account
Since then, nearly 5 million social media accounts have been blocked from the 10 affected platforms: Facebook, Instagram, Threads, Snapchat, X (formerly Twitter), TikTok, YouTube, Kick, Reddit and Twitch.
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accounts → block → platforms
And there lies the heart of the plaintiffs' legal contest — that the ban places an unreasonable burden on Australia's implied freedom of political communication.
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ban → lie → communication
The Digital Freedom Project is also suing the eSafety commissioner.
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Project → sue → commissioner
While Reddit and the Digital Freedom Project's legal bids are separate, they are challenging the law on the same constitutional ground and have been joined by the High Court into a single special case.
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they → challenge → case
In written submissions to the High Court, Reddit and the Digital Freedom Project argued there was a "fundamental disconnect" between the law's intention and its reality.
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Reddit → write → intention
They said many children under 16 had found ways to dodge age-assurance technologies to keep their accounts or create new ones, and that potentially harmful content was still available even without an account.
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content → say → account
The plaintiffs also argued there were "obvious and compelling alternatives" that would have achieved parliament's purpose with a lesser burden.
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that → argue → burden
Reddit, which is also suing the minister for communications, is further seeking a declaration that it is not captured in the legislation as an "age-restricted social media platform".
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it → sue → platform
Its lawyers have argued the law deprives young people of the ability to "speak, interact, organise and reach domestic and global audiences quickly and inexpensively".
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law → argue → audiences
The deprivation is profound where it is inflicted on a group that does not have the avenue of the ballot box."
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that → inflict → box
Commonwealth argues rules consultative, targeted, and changeable
For its part, the government has long maintained the purpose of the ban is to protect children from the risks of harm associated with some social media features.
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purpose → argue → features
Lawyers for the Commonwealth will tell the court about the risk of harm created by social media platforms which are motivated by advertising profits to prioritise user engagement and retention.
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which → tell → engagement
They argue the rules that accompany the policy are consultative, targeted and will be able to change over time.
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that → argue → time
The Commonwealth also claims political communication freedoms only apply to "electors" — people who are eligible to vote — and therefore any burden is indirect, modest and justified.
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burden → claim → electors
For their challenge to succeed, Reddit and the Digital Freedom Project will need to convince the High Court that the way the law seeks to achieve that goes too far.
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law → succeed → that
Monash University constitutional law professor Luke Beck said the government had a strong case.
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government → say → case
"It's very clear that the Commonwealth can regulate social media and online spaces," he said.
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he → regulate → media
"So this case is going to be useful in clarifying the extent to which the government can regulate."
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government → go → which
Professor Beck said even if the government lost the case, it may not see the policy abandoned altogether.
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policy → say → case
"It may just be a technical breach that can be fixed with some tweaks in the legislation,"he said.
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that → fix → legislation,"he
In a statement, the government said it was on the side of Australian parents and kids.
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it → say → parents
"We will stand firm to protect young Australians from experiencing harm on social media," a government spokesperson said.
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spokesperson → stand → media
"It would be inappropriate to comment further while this matter is before the courts."
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matter → comment → courts
Reddit said it shared the government's goal of protecting young people online, "but there are better, more effective ways to achieve it than the social media minimum age legislation".
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it → say → legislation
"As we challenge this law in court, we'll continue to comply with it and advocate for more effective youth safety measures," said Adam Collins, the company's chief communications officer.
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Collins → challenge → measures
The case has drawn international attention from the British-based Free Speech Union, US-founded internet company trade association NetChoice and US non-profit Electric Frontier Foundation, who have all sought to appear as an amicus curia or "friend of the court".
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who → draw → court
State and territory attorneys-general have also made submissions in support of the Commonwealth.
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general → make → Commonwealth
Hearings will continue across Tuesday and Wednesday.
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Hearings → continue → Tuesday
The Aporia
