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Australia to Enforce Under-16 Social Media Ban on Dec. 10 Despite High Court Challenge

Australia will implement a law on Dec. 10 that bars under-16s from accounts on specified social media platforms despite a High Court constitutional challenge by the Digital Freedom Project. Communications Minister Anika Wells said the government will proceed as scheduled. The legal action, filed for two 15-year-olds by Pryor, Tzannes and Wallis, may seek an injunction but no decision has been announced. Meta has warned thousands of suspected underage Australian users to download their data and delete accounts ahead of the deadline.

03:38 PM, 11/26/2025Politics
Australia to Enforce Under-16 Social Media Ban on Dec. 10 Despite High Court Challenge

Australia's government says it will press ahead with a law that bans children under 16 from holding accounts on specified social media platforms, scheduled to take effect on Dec. 10, despite a constitutional challenge filed in the High Court.

The Sydney-based Digital Freedom Project lodged the challenge, arguing the measure is unconstitutional and infringes on young people’s rights. The legal action was filed by Sydney law firm Pryor, Tzannes and Wallis on behalf of two 15-year-old plaintiffs.

"We will not be intimidated by legal challenges. We will not be intimidated by Big Tech. On behalf of Australian parents, we stand firm,"
Communications Minister Anika Wells told Parliament as she reaffirmed the government’s commitment to implement the new rules on time.

John Ruddick, president of the Digital Freedom Project and a New South Wales state MP for the Libertarian Party, said parents should retain primary responsibility for supervising children’s online activity rather than leaving it to government or unelected officials. "This ban is a direct assault on young people’s right to freedom of political communication," he added.

A spokesperson for the Digital Freedom Project, Sam Palmer, said the group had not yet said whether it will seek an injunction to halt the age restriction while the High Court hears the case.

Technology company Meta has begun notifying thousands of Australian accounts it suspects belong to people under 16, warning users to download their data and delete accounts on Facebook, Instagram and Threads ahead of the deadline.

What the law requires

The government says Facebook, Instagram and Threads, together with Snapchat, TikTok, X and YouTube, must take "reasonable steps" to exclude Australian account holders under 16 or face fines of up to 50 million Australian dollars (about US$32 million). Officials have discussed technical approaches including age verification checks tied to identity documents, though implementation details remain to be clarified.

Separately, Malaysia this week announced plans to ban social media accounts for people under 16 starting in 2026. Malaysian Communications Minister Fahmi Fadzil said the measure aims to protect young people from harms such as cyberbullying, scams and sexual exploitation, and that officials are studying international approaches to age verification.

Observers say the High Court challenge could determine whether the law is constitutional and whether an injunction will temporarily block enforcement. For now, the government has made clear it intends to enforce the ban on the scheduled date unless the court orders otherwise.

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