High Court agrees to hear teenagers' challenge to under 16s social media ban
The new laws begin on December 10 with the High Court to hear the special case no earlier than February next year. (ABC News: Luke Stephenson)
In short:
The High Court has agreed to hear a special case from two teenagers challenging the federal government's new social media ban for people under 16.
The teenagers are backed by the Digital Freedom Project, which claims the laws disproportionately burden the implied freedom of political communication.
What's next?
The court will hear a special case between the group and the commonwealth as early as February, with the laws to go ahead as planned from 10 December.
Two teenagers have secured a special hearing in the High Court of Australia to fight the federal government's upcoming social media ban for under 16s after a brief court session today.
The 15-year-olds are backed by the Digital Freedom Project which claims the new laws disproportionately burden the implied freedom of political communication.
"The minimum age provisions infringe the implied freedom of communication on governmental and political matters and are invalid to the extent of those infringements," the project's application to the court states.
The submissions also point out that the laws do not target the specific features of social media platforms which generate the harm from which the laws are intended to "protect children".
"They will have the effect of sacrificing a considerable sphere of freedom of expression and engagement for 13-to-15-year-olds in social media interactions (including communications on personal and governmental matters, and the benefits to those young people of such interactions)," the application said.
Outcome means ban will not be stalled
The group initially announced in November that they were seeking an attempt to stall the laws, but they have now agreed with the Commonwealth to have that set aside.
Instead, the court will hear a special case between the group and the Commonwealth as early as February.
The teenagers and The Digital Freedom Project planned to stall the laws but are now arguing a special case opposing them. (ABC News: Luke Stephenson)
The application for the case only landed in the High Court last week.
Today the court held a special directions hearing run by the Chief Justice Stephen Gageler.
The documents filed so far show the special case argues it is a matter of constitutional law.
That means it can be raised under the High Court's own jurisdiction without having to be considered by lower courts first.
The outcome today means the new laws will go ahead as planned from December 10, 2025.
The onus will be on social media platforms to enforce the changes with users already notified that their accounts will be shut off.