MP files court action challenging consitutionality of social media ban

Wednesday, 26 November 2025 16:25

He argues the world-leading ban will rob 2.6 million young people of their constitutional implied right to freedom of political communication.

NSW Libertarian MP John Ruddick has filed proceedings in the High Court to challenge the constitutionality of the federal government's looming social media ban for children under 16.

Ruddick argues that the world-leading ban will rob 2.6 million young people of their constitutional implied right to freedom of political communication when it comes into effect on December 10.

Today, he has filed court action via his organisation, Digital Freedom Project, with 15-year-olds Macy Neyland and Noah Jones as the plaintiffs.

The group claims that the blanket ban is an "unfair and unreasonable trespass into free speech" and "grossly excessive".

"Driving us to fake profiles and VPNs is bad safety policy. Bring us into safer spaces, with rules that work: age‑appropriate features, privacy‑first age assurance, and fast takedowns," Neyland said.

"We shouldn't be silenced. It's like Orwell's book 1984, and that scares me."

"We're disappointed in a lazy government that blanket bans under-16s rather than investing in programs to help kids be safe on social media," Jones said.

"They should protect kids with safeguards, not silence."

Ruddick, who earlier this month signalled that the court action would be imminent, said the social media ban should concern every Australian.

Children under 16 will be banned from select social media platforms from December 10.

"This ban is disproportionate and will trespass either directly or indirectly upon the rights of every Australian," he said.

"Come December 10, all kids will be banned, and all the rest of us will have to prove our age and potentially provide ID just to access social media.

"It is not the government's role to parent children, it should be up to families to decide when their children are ready for social media."

Ruddick went as far as to label the world-leading ban as "the most draconian legislation of its type".

There is a limited number of sitting days to have the bid mentioned in the High Court ahead of when the rules come into effect in December.

Google is also reportedly preparing to launch a last-ditch legal challenge against YouTube's inclusion in the ban.

9news.com.au has contacted Communications Minister Anika Wells for comment.

Australian children under 16 are today exactly two weeks away from being kicked off select social media platforms: Facebook, Instagram, Snapchat, TikTok, X, YouTube, Threads, Reddit, Twitch and Kick.

Snapchat has already begun enforcing the age restriction.

Platforms that fail to reasonably apply the restriction face a fine of up to $49.5 million.

The federal government has admitted that the ban was not perfect but would protect children and put the responsibility on social media platforms to do better.

More social media platforms may be added to the ban in the future, with the eSafety Commission saying the list is not "static".

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