Osegi
Business·2 min read

Reddit tells High Court Australia's under-16 ban is 'worst outcome'

Reddit's barrister told Australia's High Court the under-16 social media ban is over-broad and ill-targeted, as the two-day hearing ended with judgment reserved.

The High Court of Australia building in Canberra, where challenges to the under-16 social media ban were heard.
Image: Startup Daily
SUMODialoediviewergiftdetect

Reddit has told Australia's High Court that the country's under-16 social media ban produces the "worst possible outcome", as a two-day hearing before all seven justices ended on Wednesday. The court has reserved its decision until a later date.

Reddit's barrister, Perry Herzfeld SC, argued the ban is "ill-targeted" and "over-broad", and rejected the forum-based platform's place on the list of 10 banned services. In his rebuttal he said the law allows children no accounts at all, not even restricted ones. In his view, that stops them viewing safe content while they can still use adults' accounts, which exposes them to harmful material.

The government's case

For the federal government, Joanna Davidson SC outlined seven risks tied to platform design features, including addictive use, adverse effects on sleep and depression. She also cited anxiety, suicidal ideation, worsening of disordered eating and intensified ADHD symptoms.

Stephen Lloyd SC said the burden on the implied freedom of political communication was "indirect in nature and modest in extent". He rejected the alternatives Reddit put forward the day before, saying they would not protect young people to a similar degree. A Reddit platform built for children without the features the Commonwealth considers harmful could be allowed under the ban, he said: "It would be a platform for kids that protects kids."

State and territory solicitors-general intervened and sided with the federal government. The Digital Freedom Project, which launched the challenge in 2025, argued that if under-16s are protected by the implied freedom, the communication modes social media offers are integral. Its 16-year-old founding member Noah Jones said young people would otherwise be "spectators in their own world".

Does the ban work?

The ban began in December 2025. It covers Reddit, TikTok, Snapchat, Facebook, Instagram, Threads, Kick, Twitch, X and YouTube, while Discord, WhatsApp and Messenger are not age-restricted.

A July report from the eSafety Commissioner, which enforces the law, said more than five million Australian accounts had been removed or deactivated. Still, four in 10 children aged 10 to 15 remained active on social media three months after the ban began, down from 52%. Other countries have since adopted similar bans, though Australia's effectiveness has often been questioned.

Separately, Labor is pushing to pass a digital duty of care bill. It would place legal responsibility on tech platforms to proactively secure their systems rather than relying on users to report harms.

Apps worth a look

SUMO: the number puzzle

Tap the right tiles, add them up, hit the target. Easy to learn, hard to master. Free, for all ages.

Tags:redditaustraliasocial media banhigh courtunder-16esafety

More from this day

See all →

More in: Business

See all →