Australia: Government Defends Teen Social Media Ban in the High Court as a Modest and Justified Curb on Political Expression
Australia's world-first teen social media ban was a modest, non-partisan and justified curb on political expression, a lawyer for the government told the High Court on November 4, rejecting a legal challenge by Reddit. The hearing, before a seven-judge panel, was in its second day.
Nearly a year ago Australia banned large social media platforms from allowing under-16s to hold accounts. Messaging platform Reddit and a libertarian advocacy group have sought to invalidate the law on grounds that it violates constitutionally protected speech, while the government defends it as a necessary harm minimisation measure. After Reddit's lawyer told the court the law's burden on free speech for minors was disproportionate to the benefits of keeping them off social media, government lawyer Stephen Lloyd said the burden was indirect and modest in extent, that the law had proven positive effects, that children could still view some content without an account, and that the law was viewpoint neutral and did not target any particular type of political expression.
Under the law, children and caregivers face no punishment, but platforms can be fined up to A$99 million (US$68.97 million) for systemic noncompliance. Multiple studies, including by the eSafety Commissioner, have found that most of the country's under-16s still use social media, and the government has said it is preparing an enforcement lawsuit. Lloyd said it was unclear whether noncompliance resulted from weaknesses in age assurance technology or platforms' failure to implement it, but added the law would contribute to the government's child protection aims regardless. The hearing has been adjourned to a date to be decided, when the judges are expected to give a ruling; a win for the plaintiffs would be a major setback for lawmakers around the world who have followed with similar measures.
Source: 澳大利亚高等法院
Published by GSM · USA (original Chinese edition)
Photo: 照片：澳大利亚高等法院大楼（堪培拉），Thennicke 摄，Wikimedia Commons，CC BY-SA 4.0 授权 / Photo: High Court of Australia building in Canberra, by Thennicke, Wikimedia Commons, CC BY-SA 4.0
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