MELBOURNE, Australia (AP) — On Friday, Reddit Inc., the globally recognized online forum, initiated legal proceedings against Australia’s pioneering legislation that prohibits children under 16 years old from maintaining accounts on major social media platforms. This legal challenge was filed in the High Court of Australia, following a similar suit launched by the Sydney-based rights organization, Digital Freedom Project, last month.
Both legal actions assert that the new law is unconstitutional, claiming it encroaches upon the implied freedom of political communication guaranteed in Australia. Reddit emphasized its belief in alternative methods for safeguarding youth, stating that the Social Media Minimum Age (SMMA) law poses significant privacy concerns and may hinder the political expression of users of all ages. In a statement, the company underscored that while it supports the protection of individuals under 16, the legislation results in intrusive verification processes that affect both minors and adults, thus isolating teenagers from engaging in relevant community experiences, including political discussions.
The Australian government, led by Prime Minister Anthony Albanese, refrained from commenting on the specifics of Reddit’s legal challenge. A government spokesperson remarked that the Albanese administration is aligned with Australian parents and children, not with digital platforms, and intends to steadfastly protect young Australians from the potential harms associated with social media. The spokesperson also noted that as the matter is currently before the courts, further comments would not be appropriate.
Under this new law, platforms such as Reddit, Facebook, Instagram, TikTok, and others face potential fines of up to 49.5 million Australian dollars (approximately $32.9 million) starting Wednesday if they do not take adequate measures to deactivate accounts belonging to users under 16 years of age. The law’s enforcement is the responsibility of Australia’s eSafety Commissioner, Julie Inman Grant, who dispatched compulsory information notices to the ten platforms limited by the age restrictions. These notices require the platforms to report on the number of accounts of young children they have disabled since the law’s implementation.
Inman Grant had previously suggested that some platforms may have been delaying legal challenges until they received their first notices or fines for noncompliance. To monitor compliance, eSafety will issue reports every six months. Despite the ongoing court challenge, Reddit has stated its intention to adhere to the new law while continuing discussions with eSafety.
As for age-verification methods, the platforms are tasked with confirming a user’s age through various options, including requesting identification documents, employing third-party age-estimation technologies that analyze users’ facial features, or deducing age based on available data like account longevity. The government, however, has not provided specific protocols for age verification, indicating that demanding all account holders verify their ages could be seen as unnecessarily invasive, given that most major platforms already possess sufficient personal data to fulfill this requirement.
Furthermore, for privacy protection reasons, the social media platforms cannot mandatorily require users to present government-issued identification. Court documents indicate that Reddit is seeking a ruling from Australia’s seven High Court judges to declare the SMMA law invalid, or alternatively, to prevent the Australian government from categorizing Reddit among the age-restricted platforms.
The High Court is set to conduct a preliminary hearing in late February to establish a date for the Digital Freedom Project's challenge on behalf of two 15-year-old individuals. It remains uncertain whether the two legal challenges will be addressed concurrently.
