Australia’s under-16 social media ban is now facing its first legal challenge. Reddit has filed suit against the Commonwealth of Australia and Communications Minister Michelle Rowland, arguing that the legislation is unconstitutional and that the platform has been wrongly classified as a social media service.
The law, which came into force last week, requires major platforms, including Facebook, Instagram, TikTok, Twitter, YouTube, and Reddit, to verify the ages of Australian users and close accounts belonging to those under 16. Companies that fail to comply can face fines of up to AU$49.5 million, or roughly US$33 million.
In its filing, Reddit contends that the law infringes on the implied freedom of political communication in Australia’s Constitution, which exists to support informed electoral decision-making.
“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 company stated.
The platform, which ranks Australia as its fourth-largest market, contends that cutting off younger users from these discussions undermines their future role in democracy.
Reddit argues it should be exempt because it does not meet the legislation’s definition of a social media service. The company says Reddit’s primary purpose is not to enable online social interaction, describing the platform instead as a collection of subject-based public forums, though legal experts note this distinction may be hard to defend in court.
The Australian government appears unmoved. Health Minister Mark Butler drew a sharp parallel, suggesting Reddit’s lawsuit is about profit, not principle.
The Australian government has shown little sign of backing down. Health Minister Mark Butler dismissed Reddit’s lawsuit, suggesting it is driven by commercial interests rather than constitutional concerns.
“It is action we saw time and time again by Big Tobacco against tobacco control, and we are seeing it now by some social media or big tech giants,” Butler stated. The government’s position implies Reddit is prioritizing business interests over child safety and free expression rights for youth.
The eSafety Commission says it has given companies tools to check their own compliance. Based on its published flowchart, Reddit would likely fall under the rules as an age-restricted platform. The Commission has also named services it considers exempt, such as Discord, GitHub, WhatsApp, Pinterest, and YouTube Kids.
The legal challenge could become a defining moment for Australia’s online safety regime. Judges will need to balance constitutional communication rights with a modern definition of social media. A Reddit victory may prompt changes to the law’s reach, while a loss would confirm the platform’s status and accelerate the rollout of robust age-verification for Australian users.
Maybe you would like other interesting articles?