The Australian government says it will push ahead with its landmark ban on social media accounts for children under 16, even as a rights group mounts a legal challenge in the country’s highest court.
The Digital Freedom Project, a Sydney-based advocacy group, announced Wednesday that it has filed a constitutional challenge in the High Court against the law, which is set to take effect on December 10. The legislation bars Australian children under 16 from creating or maintaining accounts on certain social media platforms.
Communications Minister Anika Wells, speaking in Parliament shortly after news of the lawsuit surfaced, insisted that the government would not delay the rollout.
“We will not be intimidated by legal challenges. We will not be intimidated by Big Tech. On behalf of Australian parents, we stand firm,” Wells said.
John Ruddick, president of the Digital Freedom Project and a state lawmaker for the Libertarian Party, argued the ban interferes with fundamental rights.
“Parental supervision of online activity is today the paramount parental responsibility. We do not want to outsource that responsibility to government and unelected bureaucrats,” he said, calling the law “a direct assault on young people’s right to freedom of political communication.”
The challenge is being brought on behalf of two 15-year-olds by Sydney law firm Pryor, Tzannes and Wallis. The group has not yet confirmed whether it will seek an injunction to pause the law before it takes effect.
The legislation, considered a global first, requires platforms including Facebook, Instagram, Threads, Snapchat, TikTok, X and YouTube to take “reasonable steps” to block users under 16. Companies that fail to comply could face fines of up to AUD 50 million (USD 32 million).
Last week, Meta began alerting thousands of Australian users suspected to be underage to download their data and delete their accounts ahead of the deadline.
The move comes as other countries debate similar measures. Malaysia recently approved plans to ban social media accounts for children under 16 starting in 2026, citing concerns over cyberbullying, scams and exploitation.
Australia’s rule is expected to become one of the strictest online safety policies in the world when it takes effect next month.
