MELBOURNE, Australia (AP) – Reddit, the globally popular online forum, has initiated a court challenge against Australia’s unprecedented law that prohibits children under the age of 16 from creating accounts on major social media platforms. The lawsuit was filed in the High Court of Australia on Friday by Reddit Inc., which is based in California. This legal action follows a similar suit filed by the Sydney-based rights organization, Digital Freedom Project, last month.
Both Reddit and the Digital Freedom Project assert that the law is unconstitutional, claiming it violates the implied freedom of political communication in Australia. Reddit expressed concerns that while the intent to safeguard youth is commendable, the Social Media Minimum Age (SMMA) law poses significant privacy and expression issues for all internet users. In its official statement, Reddit pointed out that the legislation forces both minors and adults into intrusive and potentially insecure verification processes, excludes teenagers from participating in appropriate community interactions—including political discussions—and creates an inconsistent framework regarding which platforms are included under the law.
The ramifications of this law extend to several significant social media platforms, including Reddit, Facebook, Instagram, TikTok, and YouTube, with fines reaching up to 49.5 million Australian dollars (approximately $32.9 million) for those failing to take reasonable measures to deactivate accounts belonging to Australian children under 16. The law took effect on a Wednesday, and the enforcement falls under Australia’s eSafety Commissioner, Julie Inman Grant, who has already dispatched compulsory information notices to the ten specified age-restricted platforms requiring details on deactivated accounts since the law’s implementation.
Inman Grant anticipated that some platforms might wait to receive their initial notices or fines for noncompliance before pursuing legal challenges. The eSafety Commissioner will issue notices every six months to assess how well the platforms are adhering to the new regulations.
Despite the ongoing court challenge, Reddit has stated its intention to comply with the new law and will maintain communication with eSafety regarding compliance measures. The documents submitted to the court reveal that Reddit intends to request the seven justices of the High Court to declare the law invalid and, alternatively, to prevent the Australian government from designating Reddit as one of the age-restricted platforms.
The High Court is expected to hold a preliminary hearing in late February, during which a date will be set for the Digital Freedom Project's case, which is brought forth on behalf of two 15-year-olds. It remains uncertain whether the trials of the two separate challenges will be combined for consideration.
The legal and social implications of this law reflect ongoing debates surrounding children’s safety online and the responsibilities of social media platforms. As social media increasingly becomes a critical space for political and social engagement, laws like Australia’s may prompt larger discussions on the balance between protecting minors and preserving freedom of expression in the digital realm.
