Australian Human Rights Lawyers Challenge Under-16 Social Media Ban

Canberra — Australia's prohibition on children under 16 using social media faces renewed scrutiny, with human rights lawyers warning that a blanket ban risks excluding young people from civic participation, access to information and freedom of expression.

Australian Lawyers for Human Rights (ALHR) has urged policymakers to reconsider the human rights implications of the legislation as the High Court hears constitutional challenges brought by Reddit and the Digital Freedom Project.

The separate challenges, heard together this week, argue that the Online Safety Amendment (Social Media Minimum Age) Act 2024 impermissibly restricts the implied freedom of political communication.

ALHR acknowledges the need to protect children from online exploitation, abuse and harmful content but argues that such protections should not come at the expense of their fundamental rights.

Its president, Nicholas Stewart, said children should be recognised as citizens with rights rather than simply individuals requiring protection.

“Children are not future citizens; they are citizens of today with rights recognised under international human rights law,” Stewart said.

He said social media had become an important platform through which young Australians expressed their views, participated in public discussions and organised around issues affecting their lives.

“Whether the issue is climate change, education, mental health, discrimination, housing or conflict overseas, social media has become one of the primary ways young people engage with civic and political life.

"Any restriction on that participation requires the most careful scrutiny,” he said.

ALHR Vice-president and chair of its Children's Rights Committee, Kerry Weste, said the legislation should be assessed against Australia's obligations under the United Nations Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

She argued that restricting access to social media could undermine young people's ability to develop civic awareness and participate in public debate.

“Article 12 of the CRC gives children the right to be heard and to have their views taken seriously.

"Children's capacities evolve. Young people do not suddenly become civic participants at 16, or at 18 when they first vote,” Weste said.

She said online platforms were increasingly important sources of news, information and discussion for young people, making exclusion particularly consequential for those learning to engage with public affairs.

Weste also raised concerns about the impact on children with disabilities, refugee children and First Nations children, particularly those who rely on online communities to connect with people sharing similar experiences.

She said social media provided access to information on sexual health, mental health and resources offered by organisations representing young people.

“Any limit on these rights must be necessary and proportionate. A total ban fails that test when less restrictive means are available.

“Governments should hold social media companies to account and require them to make their platforms safe, rather than excluding young people from public discourse," she said.

The human rights organisation cited several provisions of the Convention on the Rights of the Child, including Article 12, which protects children's right to be heard; Article 13, covering freedom of expression; Article 15, protecting freedom of association; and Article 17, which concerns access to information.

It also referred to the United Nations Committee on the Rights of the Child's General Comment No. 25 of 2021, which clarifies that children's rights apply in digital environments and that restrictions must meet legal, necessity and proportionality requirements.

The Convention on the Rights of Persons with Disabilities also recognises the right of children with disabilities to express their views on an equal basis with others and receive information in accessible formats.

The debate places child protection and digital participation at the centre of Australia's evolving approach to regulating social media platforms.

ALHR says it will continue advocating for online safety measures that protect children while preserving their fundamental rights.