SA seeks to be heard on social media ban High Court challenge

The South Australian Government will seek to be heard on a High Court challenge of the legislation underpinning Australia’s social media age limit, which is due to come into force next Wednesday.

From 10 December 2025, social media platforms like TikTok, Instagram, Snapchat, X, Facebook and YouTube will need to take reasonable steps to prevent Australians under 16 years of age from having a social media account.

Significant financial penalties of up to $49.5 million will apply for systemic breaches by social media giants.

A constitutional challenge of the law has been brought in the High Court, led by plaintiffs including the Digital Freedom Project Incorporated, a lobby group led by New South Wales Libertarian MLC John Ruddick.

The world-leading national law was implemented following strong and sustained advocacy from the Malinauskas Labor Government, which commissioned former Chief Justice of the High Court the Honourable Robert French AC to draft model legislation.

The leadership of the South Australian and Australian Governments is already having an impact around the globe.

Last week the European Parliament passed an overwhelming resolution calling for children under 16 to be banned from social media to help parents tackle the dangers of addictive platforms.

Quotes

Attributable to Peter Malinauskas

Together with the Federal Government, we have led the world in crafting legislation to protect our children from the dangers of social media and addictive algorithms.

The rest of the planet is watching closely.

It is no surprise that there will be those who seek to stop our intervention.

But we will not be taking a back step. We will seek to ensure our arguments and reasons for pursuing this legislation are heard and clearly understood in any legal challenge.

When something threatens to harm our kids – be it drugs, alcohol, gambling, or addictive social media – we act.