Reddit takes Australia's under-16s social media ban to the High Court

Reddit has challenged Australia's under-16s social media ban in the High Court, arguing that it impinges on the implied freedom of political communication. That is an implied protection in the Constitution for political debate. Reddit's counsel, Perry Herzfeld SC, presented oral arguments to the court on 3 November 2026, according to The Guardian.

Herzfeld argued that the 2024 legislation was introduced and passed within a week, with only 24 hours allowed for submissions. Reddit said the rushed process produced ill-thought-out legislation that was too broad.

The ban has a long history of its own. A 2021 Australian parliamentary inquiry into social media did not recommend a ban. The eSafety commissioner warned that inquiry that a ban would be a "blunt force approach".

Reddit announced its challenge in late 2025, after the eSafety regulator said Reddit would be included in the ban. The company's case seeks to overturn both the ban and its inclusion in it, Reuters reported. Reddit is a US message board company.

The law bars children under 16 from holding accounts. The government justified it by citing a credible risk of harms, including mental health, sleeping and eating disorder issues. In March 2026, Communications Minister Anika Wells introduced new rules defining social media companies by features such as logged-in features, recommendation features or endless scroll.

The ban took effect in December 2025 and covers 10 platforms: Snapchat, TikTok, YouTube, Facebook, Instagram, Reddit, Kick, X, Twitch and Threads. Since then, more than 5 million accounts believed to belong to under-16s have been suspended or deactivated.

Reddit argues that under-16s are stopped from posting, commenting or upvoting on subreddits such as r/Australia. They can still view content without an account, Reddit said.

Several parties have filed interventions in the case. These include the US group NetChoice and the Electronic Frontier Foundation, and the attorneys-general of Queensland and South Australia. Reddit has also filed a reply submission.

Separately, the French Constitutional Council has held that a ban on social media for people under 15 was unconstitutional.