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High Court challenge says law imposing ban is ‘grossly excessive’ and infringes on ‘constitutional right of freedom of political communication’
Shweta SharmaWednesday 26 November 2025 22:52 GMTComments
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Two teenagers have launched a legal challenge over Australia’s ban on social media for children under 16s.
Noah Jones and Macy Neyland argue the forthcoming ban is “unconstitutional” because it takes away their right to free communication.
The two 15 year-olds are named as plaintiffs in a High Court challenge lodged by the Digital Freedom Project on Wednesday.
Australia is the first country in the world to ban social media platforms like Facebook, TikTok and Instagram for children under 16. The ban, passed into law last November, comes into force on 10 December.
The Digital Freedom Project said it would argue that the law imposing the ban was "grossly excessive" and infringed on the "constitutional right of freedom of political communication".
open image in galleryNoah Jones and Macy Neyland (Digital Freedom Project)The two teenagers were “representative” members of the group affected by the ban, the advocacy group said.
Noah said the young generation was the "true digital natives” and they wanted “to remain educated, robust, and savvy in our digital world".
“We're disappointed in a lazy government that blanket bans under-16s rather than investing in programs to help kids be safe on social media," he said. "They should protect kids with safeguards, not silence."
Macy said “voters of tomorrow” should not be banned from expressing their views.
"If you personally think that kids shouldn't be on social media, stay off it yourself, but don't impose it on me and my peers," she said. "We shouldn't be silenced. It's like Orwell's book 1984, and that scares me.”
open image in galleryAustralian influencer family with teenagers moves overseas to avoid impending social media ban (YouTube/EMPIRE Family)One Australian family has even said it will relocate to the UK to avoid the ban. The Emily Family have millions of fans online, documenting their every day lives.
After the news of the lawsuit broke, communications minister Anika Wells seemed to reference it during Question Time in the parliament on Wednesday, insisting that the federal government was “firm” in its commitment to roll out the new law.
“Despite the fact that we are receiving threats and legal challenges by people with ulterior motives, the Albanese Labor government remains steadfastly on the side of parents and not platforms," she said. "We will not be intimidated by threats. We will not be intimidated by big tech on behalf of Australian parents. We stand firm."
The Digital Freedom Project said a blanket ban disproportionately harmed teenagers who relied on social media for information, connection and support.
It said the impact would be the heaviest on vulnerable young people, such as those with disabilities, First Nations teenagers, LGBTIQ youth, and those living in rural or remote areas.
The advocacy group, led by New South Wales MP John Ruddick, said the case centred on whether the ban put an unconstitutional burden on young people’s ability to engage in political communication and whether such a restriction was proportionate to the government’s aims.
“This ban is a direct assault on young people's right to freedom of political communication," he said in a statement.
Rather than exclude all under-16s from major social media platforms, the group said the government should focus on alternative safety measures like digital-literacy programmes, mandatory age-appropriate platform features, and age-assurance technologies with stronger privacy protections.
Google claims the ban will prevent young adults from operating accounts on the video streaming platform. It will also limit their ability to “contribute to political communication by posting videos on YouTube and by making comments on those videos”, the company argues.
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