Human Rights Lawyers Challenge Australia's Social Media Ban for Under-16s
Australian Lawyers for Human Rights (ALHR) has raised concerns that Australia's social media ban for children under 16 could conflict with fundamental human rights.
The organisation has called on policymakers to consider the impact of the legislation as the High Court hears constitutional challenges to the Online Safety Amendment (Social Media Minimum Age) Act 2024.
The challenges, brought separately by Reddit and the Digital Freedom Project, argue that the ban restricts political communication and prevents young Australians from taking part in public discussions.
ALHR recognises the need to protect children from online abuse and harmful content. However, it argues that young people also have rights to freedom of expression, access to information, association and participation in public affairs.
ALHR President Nicholas Stewart said children and teenagers already played an important role in public debate on issues affecting their lives.
He said social media had become a major platform for young people to share opinions, discuss issues such as climate change, education, mental health and housing, and engage with political decisions.
Mr Stewart stressed that protecting children and respecting their rights should go hand in hand.
ALHR Vice President and Chair of its Children's Rights Committee, Kerry Weste, said the ban should also be assessed against Australia's international obligations under the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.
She highlighted that children have the right to express their views, access information and participate in discussions about matters affecting them.
Ms Weste also warned that social media provides important access to health information, support services and community networks.
She said children with disabilities, refugee backgrounds and First Nations communities could be particularly affected because online platforms often help them connect with people who share similar experiences.
ALHR argues that a complete ban may be excessive when other measures could make social media platforms safer without excluding young people entirely.
The organisation believes governments should place stronger responsibilities on technology companies to prevent online harm while allowing children to participate safely in digital spaces.
The Convention on the Rights of the Child protects children's rights to be heard, access information, express themselves and associate with others. These protections also apply online, with restrictions required to be lawful, necessary and proportionate.
ALHR said it would continue advocating for online safety policies that protect children while respecting their fundamental rights.
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Source : Press Released.
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