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Briefing

Ban Battle

Reddit files High Court challenge against social media ban

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The news: US-based internet forum platform Reddit has filed a lawsuit in the High Court of Australia to overturn the social media ban on for under-16s amid "serious privacy and political expression issues for everyone on the internet", according to a spokesperson.

The context: In a court filing lodged on Friday, the company argues the ban is "invalid on the ground that it infringes the implied freedom of political communication".

Reddit's barristers are Perry Herzfeld and Jackson Wherett. It is also being represented by law firm Thomson Geer.

The social media ban, which came into effect on Wednesday currently applies to 10 social media platforms including Reddit, Instagram, Facebook, X, Twitch and YouTube.

Platforms that fail to take reasonable steps to keep underage users off their platforms could face fines of up to $49.5 million.

Reddit argues the ban “directly burdens political communication in Australia” by restricting children from accessing social media because the political views of children inform the views of many electors such as parents and teachers, according to court filings.

"Australian citizens under the age of 16 will, within years if not months, become electors. The choices to be made by those citizens will be informed by political communication in which they engage prior to the age of 18," the court filing also argues.

The platform also argues in the filing that it should not be considered captured by the law as an age-restricted social media platform because it does not enable "persons to interact in a social manner".

Reddit's plans to file a High Court challenge was first reported on Tuesday by the Financial Review. The ban is also being separately challenged by two teenagers in the High Court, with backing from the Digital Freedom Project.

What they said: A Reddit spokesperson said "this law has the unfortunate effect of forcing intrusive and potentially insecure verification processes on adults as well as minors, isolating teens from the ability to engage in age-appropriate community experiences (including political discussions), and creating an illogical patchwork of which platforms are included and which aren’t".

They also stressed that the legal case is "not about opposing child safety measures or even regulation. There are more targeted, privacy-preserving measures to protect young people online without resorting to blanket bans".


By Brandon How