Reddit sues Australia: High Court weighs under-16 ban

Reddit has asked the High Court to strike down Australia's ban on social media accounts for users under 16, arguing the legislation was rushed and overly broad.

The company contends that the law infringes on the implied freedom of political communication for young people. This legal challenge comes after the ban took effect in December 2025.

Since that date, more than 5 million user accounts have been suspended or deactivated. These accounts span ten platforms, including Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch, and Threads. The platforms made these decisions based on their belief that the account holders were under 16.

Perry Herzfeld SC, counsel for Reddit, presented the company's case in oral arguments on Tuesday. He noted that a 2021 parliamentary inquiry into social media did not recommend a ban. The eSafety commissioner had warned at the time that such a measure would be a blunt force approach.

Herzfeld pointed out that the government announced the ban in 2024 and passed the legislation within a week. The process allowed only 24 hours for public submissions. He argued that a timeline of this speed is likely to produce ill-thought-out and over-broad legislation.

The government introduced new rules in March 2026. Communications Minister Anika Wells defined additional requirements for platforms to be covered by the law, including logged-in features, recommendation features, or endless scroll. Herzfeld argued that the ban does not specifically address these factors. He suggested the government could achieve similar goals under different legislation, such as the digital duty of care law currently before parliament.

Wells told reporters outside the court that she was not the minister when the original legislation passed. She stated that the government's full response would be made in court.

The core of the dispute is whether limiting political communication is a justified response to credible risks. The government cites potential harms to mental health, sleep patterns, and eating disorders among young users. Herzfeld argued that the ban prevents teens from actively engaging in political discussions. While under-16s can view content without an account, they cannot post, comment, or upvote on platforms like r/Australia.

Justice Jacqueline Gleeson expressed reservations about the impact on the general population. She noted that the vast majority of teens under 16 do not engage in politics. Herzfeld countered that the platforms offer a much wider audience for political engagement than shouting on the street or giving media interviews.

The Digital Freedom Project, led by NSW Liberal MP John Ruddick, is also challenging the case this week. Ruddick was joined outside the court by 16-year-old Noah Jones, the original plaintiff, his mother Renee, and One Nation senator Malcolm Roberts.