MELBOURNE, Australia – Global online forum Reddit officially challenged Australia’s new social media age restriction law on Friday. Reddit filed a lawsuit in the High Court, asserting the world-first legislation is unconstitutional. This law bans Australian children under 16 from holding accounts on major social media platforms.
California-based Reddit Inc. filed its suit after the Sydney-based Digital Freedom Project filed a similar challenge last month. Both groups claim the Social Media Minimum Age (SMMA) law is unconstitutional. They argue it infringes upon Australia’s implied freedom of political communication.
Australia’s New Social Media Age Law
The SMMA law mandates platforms take reasonable steps to remove accounts of Australian children under 16. This requirement came into effect on Wednesday . Non-compliant companies face substantial penalties.
Affected platforms include Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch. These platforms face fines up to AUD 49.5 million (USD 32.9 million) for non-compliance.
Reddit’s Legal Arguments
Reddit agrees with protecting youth. However, the company stated concerns about the law’s implementation. Reddit said it believes “more effective ways” exist to protect youth. The company added the SMMA law “carries some serious privacy and political expression issues for everyone on the internet.”
Reddit detailed specific objections. It argues the law forces intrusive, potentially insecure verification processes on adults and minors, compromising user privacy. It also risks isolating teenagers from age-appropriate community experiences, including political discussions.
The law also creates an “illogical patchwork” of included and exempt platforms. This inconsistency raises questions about its fairness and effectiveness.
Enforcement and Compliance
Australia’s eSafety Commissioner, Julie Inman Grant, enforces the SMMA law. On Thursday, Commissioner Inman Grant sent compulsory notices to the ten age-restricted platforms. These notices demand data on deactivated accounts of young children since Wednesday.
Commissioner Inman Grant anticipated legal challenges, predicting platforms might wait for notices or fines. Reddit, despite its lawsuit, stated it would comply with the new law. The company confirmed continued engagement with eSafety.
ESafety will issue six-monthly notices to monitor platform compliance. These checks gauge the law’s implementation effectiveness.
High Court Proceedings
High Court documents show Reddit’s strategy: ask seven judges to rule the SMMA law invalid. Alternatively, Reddit seeks an order preventing its listing among age-restricted platforms.
A preliminary High Court hearing is scheduled for late February. This will set a date for the Digital Freedom Project’s challenge, filed for two 15-year-olds. It is unclear if Reddit’s and the Project’s challenges will be heard together.
These legal challenges introduce uncertainty for the SMMA law. They highlight ongoing debates about online safety, privacy, and freedom of expression.