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Ruddick asserts that the forthcoming world-leading prohibition, set to take effect on December 10, will strip 2.6 million young Australians of their constitutionally implied freedom to engage in political discourse.
In response, he has initiated legal proceedings through his organization, the Digital Freedom Project, with 15-year-olds Macy Neyland and Noah Jones acting as plaintiffs in the case.
The collective contends that this sweeping ban constitutes an “unfair and unreasonable infringement on free speech” and labels it as “grossly excessive.”
Neyland commented, “Pushing us towards using fake profiles and VPNs is a flawed safety strategy. We need to be brought into secure environments with effective rules—features appropriate for our age, privacy-centric age verification, and rapid content removal.”
She added, “We should not be silenced. It feels like something out of Orwell’s book 1984, and that thought is frightening.”
“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.
“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”.