Reddit Challenges Australia’s Social Media Age Law in High Court
Reddit, a global online forum based in California, has filed a legal challenge against Australia’s pioneering legislation that prohibits children under 16 from having accounts on leading social media platforms. This lawsuit was submitted to Australia’s High Court, following a similar case brought by the Sydney-based group, Digital Freedom Project.
Both Reddit and the Digital Freedom Project argue that the law is unconstitutional, claiming it violates Australia’s implied freedom of political communication. Reddit has expressed concerns over the privacy and political expression implications for all internet users, stating: “We believe there are more effective ways for the Australian government to accomplish our shared goal of protecting youth, and the SMMA (Social Media Minimum Age) law carries some serious privacy and political expression issues for everyone on the internet.”
The company also highlighted the potential negative consequences of the law, noting that it could lead to intrusive verification processes for both adults and minors, and limit teenagers’ ability to engage in community experiences, including political discussions.
The Australian government, led by Prime Minister Anthony Albanese, has refrained from commenting on the specifics of Reddit’s challenge but affirmed its commitment to protecting young Australians from harm on social media. “The Albanese government is on the side of Australian parents and kids, not platforms,” a government statement emphasized.
Major platforms such as Reddit, Facebook, Instagram, Kick, Snapchat, Threads, TikTok, X, YouTube, and Twitch face potential fines of up to 49.5 million Australian dollars ($32.9 million) if they do not comply with the law by removing accounts of children under 16.
Australia’s eSafety Commissioner, Julie Inman Grant, has sent compulsory information requests to these platforms, seeking data on account deactivations since the law came into effect. She anticipated that some platforms might wait for initial notices or fines before challenging the law legally. The eSafety office plans to issue such notices every six months to assess compliance.
Despite its legal challenge, Reddit has committed to complying with the new law and engaging with the eSafety Commission. Meanwhile, Australian children are turning to alternative apps such as Yope and Lemon8, which have seen significant increases in downloads. The eSafety Commission has also reached out to these and other smaller apps to determine if they fall under the age-restricted category.
Implementing age verification on social media is likened to a game of Whack-a-Mole by experts due to the rapidly changing landscape. However, authorities believe that a more fragmented social media environment might reduce its appeal to younger users concerned about peer exclusion.
Platforms are exploring various age-verification methods, such as analyzing identification documents, using third-party age-estimation technology, or inferring age from existing data. The government has advised against asking all users to verify their ages, citing privacy concerns and the sufficiency of existing personal data for this purpose.
Reddit has asked the High Court to declare the law invalid or, alternatively, to exclude Reddit from the list of age-restricted platforms. A preliminary hearing to set a date for the Digital Freedom Project’s case on behalf of two 15-year-olds is expected in late February. It remains uncertain if the two cases will be heard together.
