US online chat forum Reddit launches High Court challenge to Australia’s under 16s social media ban

Online chat forum Reddit has lodged a legal challenge to Australia’s under 16s social media ban just days after millions of teens were booted from 10 popular platforms.

The case marks the second lawsuit against the policy in the High Court and argues that it infringes on free political speech and poses serious privacy risks.

The US-based platform was one of ten apps on the banned list alongside — Facebook, Instagram, Snapchat, TikTok, X, YouTube, Threads, Kick, and Twitch.

All included platforms must take reasonable steps to deactivate accounts held by children under 16 or risk fines of up to $49.5 million.

While Reddit announced earlier this week it would comply with the ban, it labelled it “legally erroneous”.

In its filing seen by The Nightly, Reddit has also argued it should not be listed among the ten “age-restricted social media platforms” and wants to be exempted under the rules.

Reddit lawyers Perry Herzfeld and Jackson Wherrett have listed the Commonwealth as the first defendant and Communication Minister Anika Wells as the second defendant.

“It is not the sole or a significant purpose of Reddit to enable persons to interact ‘in a social manner’. In most cases, the identity of a user on Reddit is not even known to other users,” the filings argue.

“Reddit enables online interactions about the content that users post on the site. It facilitates knowledge sharing from one user to other users. It is not a significant purpose of the site to enable interactions.

“Reddit is significantly different from other sites that allow for users to become “friends” with one another, or to post photos about themselves, or to organise events.”

“Even if Reddit enables communication between end-users, that is not a “significant purpose” of the service.”

It also stated that the ban would place a “burden on the implied freedom” saying it would be “direct and substantial under the restrictions.

“It prohibits all Australians under the age of 16 from engaging in any political communication on an ‘age-restricted social media platform’ to the extent that such communication requires an account,” it stated.

The legal action comes after advocacy group Digital Freedom Project launched a campaign in November, with two 15-year-olds Macy Neyland and Noah Jones listed as the plaintiffs.

Already NSW, SA and WA attorney generals have publicly announced they will throw their support behind the Federal Government’s defence of the ban.

Digital Freedom Project’s president and NSW parliamentarian John Ruddick said he expected the court could order that the two cases be heard at the same time given they cover similar ground.

“Reddit has basically launched an identical case to us. These cases will likely be joined and heard at the same time,” Mr Ruddick said.

“We’re thrilled that Reddit has stepped up, but the truth is we haven’t had any contact with them. I don’t suspect we will have contact until they are officially told that we would need to have a joint case.”

Solicitor-General Stephen Donaghue will lead the Federal Government’s defence, with the Commonwealth taking an early win after the group dropped their bid for an injunction last week.

An injunction would have attempted to prevent the ban from taking effect.

The court will now hear a special case between the project and the Commonwealth in 2026 with a further directions hearing scheduled for February 25.

Labor Minister Mark Butler on Friday acknowledged the legal challenge and said it “shouldn’t come as a surprise” as the government warned it expected blow back on the “world first” legislation.

“Whether Reddit is a stalking horse for others, or whether we’ll see other big tech companies join legal action, we don’t know,” he said.

“But at the end of the day, we will fight all of these legal challenges every step of the way, because we know just how important it is for young Australians.”

It comes as a new survey conducted by Roy Morgan on behalf Monash University has revealed four in five Australian adults support the social media ban.

The study of 1598 adult Australians released on Friday found support for the ban was highest in respondents aged over 65 at 87pc and lowest in those aged between 18 and 24 at 72pc.