A group of concerned Australians have announced they will challenge the Albanese Labor government’s social media ban for under-16s in the High Court on constitutional grounds.
NSW Libertarian MP John Ruddick revealed on Monday he had been elected President of the Digital Freedom Project (DFP) at the group’s inaugural general meeting, and asked Australians to sign up as members.
Mr Ruddick said the group’s purpose was to “raise public awareness about this East German style intrusion by the state into our private lives” and “launch a High Court challenge that argues the law is unconstitutional as it is a violation of the long-accepted ‘implied constitutional freedom of political communication’.”
The Online Safety Amendment (Social Media Minimum Age) Bill 2024 will come into effect on December 10, and critics warn it could result in all Australian adults needing to prove their age or use Digital ID in order to use the nine restricted platforms – Facebook, Instagram, X, TikTok, YouTube, Snapchat, Threads, Reddit and Kick.
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ANNOUNCING A HIGH COURT CHALLENGE TO THE CONSTITUTIONALITY OF THE UNDER 16S SOCIAL MEDIA BAN.
One month from today (i.e. 10 December 2025) the Commonwealth Government’s Online Safety Amendment (Social Media Minimum Age) Bill 2024 will come into effect.
The E-Safetyβ¦
β John Ruddick MLC (@JohnRuddick2) November 10, 2025
“The guts of the matter is that to have a social media account in Australia from 10 December you will need to prove to the social media platform you are over 16. That’s going to be a hassle for social media users and a huge administrative burden for the social media platforms, who are being threatened with a $53M daily fine for breaches,” Mr Ruddick said.
“Lots of bright young kids who are curious about science or history or whatever learn so much from social media. Lots of people choose to have an anonymous social media account. That is entirely understandable for many including employees who want to speak freely online but may fear their boss won’t agree with their views.
“To prove you are over 16 you can upload ID but then the eSafety Commissioner can track what websites you visit to double check you really are over 16. The government however will make it easier for you … if you just sign up for Digital ID … and that is the whole purpose of the legislation.”
Mr Ruddick said the DFP’s legal team would file the legal challenge “imminently”.
The DFP describes itself on its website as a “group of Australians concerned about increasing government intervention in the digital space”, and calls the social media ban a “blatant attack on the rights of young Australians”.
“Social media is the new town square, and the government is preparing to lock anyone under 16 out. This ban will not protect children; it will isolate them from their social connections and prevent them from engaging meaningfully in social and political life,” the site states.
“Now more than ever, we must defend our rights online and call on the government to repeal the ban on social media accounts for people under 16.”
Labor has stated that platforms will not be allowed to require government ID, but shadow communications minister Melissa McIntosh said on Monday more clarity was needed after social media giants told a parliamentary committee last month that they may be required to take IDs as part of their “age assurance processes”.
“We’re hearing now that digital identification may need to be required,” Ms McIntosh said.
“A platform may compel an Australian to use their government ID. We didn’t sign up for that.”
