Australia social media ban reaches High Court
Accounts blocked since Dec 2025
~5 million
Platforms covered by the ban
10
Fine for failing to comply
A$49.5 million
Fine for serious or repeated breach
A$99 million
Ban took effect
10 December 2025
Cases joined
2 (DFP + Reddit)
The two sides in court
| Point | Challengers (Reddit + DFP) | Commonwealth |
|---|---|---|
| Constitutional ground | Implied freedom of political communication is burdened | Burden is indirect, modest and justified |
| Scope of the freedom | Applies to under-16s forming political views before they vote | Applies only to electors; burden on non-voters is indirect |
| Science | "Uncertain science cannot justify the ban" | Credible causal pathways link social media to mental health harm |
| Alternatives | Parental consent, duty-of-care, design-safety rules | Digital duty-of-care bill would require same steps regardless |
| Practical effect | 80% of under-16s still using social media; ban does not work | Compliance investigations under way; enforcement continues |
| Reddit's extra claim | Reddit is not a "sole purpose" social interaction platform; should be reclassified | Law appropriately covers Reddit's social features |
"Private messaging on WhatsApp or a game, conversations at the dinner table and reading news media cannot replace active communication on social media, because they cannot generate the type of attention most likely to sway public opinion.
"Reddit barrister Perry Herzfeld (written submissions)
What is known
The hearing is a two-day Full Court sitting on 3-4 November 2026 in Canberra.
The sole constitutional ground is the implied freedom of political communication, which flows from sections 7 and 24 of the Australian Constitution (requirement that parliament be "directly chosen by the people").
All state and territory attorneys-general have filed in support of the Commonwealth.
The US Electronic Frontier Foundation and NetChoice filed intervener submissions noting Australian doctrine differs from US First Amendment tiers of scrutiny.
Reddit is separately arguing it should not be classified as an "age-restricted social media platform" at all, on the grounds its core purpose is knowledge sharing rather than social interaction.
Nearly 5 million accounts were blocked after the ban took effect in December 2025; Meta alone closed about 500,000 accounts in its first days. Research from June 2026 suggested up to 80% of under-16s were still accessing platforms.
What is not known yet
Whether the High Court will rule the ban unconstitutional, uphold it, or find it valid with possible legislative tweaks.
How long the Full Court will take to hand down its decision; no date has been given.
Whether Reddit's secondary argument -- that it falls outside the statutory definition -- will be decided on the same timeline or separately.
Whether the eSafety Commissioner will issue fines to Meta, TikTok, Snap or YouTube while the case is pending.
What happens next
Two days of oral argument (3-4 Nov 2026)
High Court reserves decision (date not set)
eSafety Commissioner compliance investigations conclude for Meta, TikTok, Snap, YouTube
If ban upheld: enforcement and potential first fines
If ban struck down: government must decide whether to amend or drop the law
