New South Wales MP John Ruddick is set to challenge the federal government’s groundbreaking social media restriction in the High Court.

The Libertarian politician declared that he plans to contest the upcoming legislation, arguing that it infringes upon the “implied constitutional freedom of political communication,” rendering it unconstitutional.

Ruddick, heading the Digital Freedom Project, intends to submit his case to the court “imminently.”

“The core issue at hand is that, starting December 10, Australians will need to verify they are over 16 to maintain a social media account,” he explained.

“This requirement will be inconvenient for users and impose a significant administrative challenge on social media companies.”

“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.”

Ruddick has a limited number of sitting days to have his bid mentioned in the High Court ahead of when the rules come into effect.

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

Communications Minister Anika Wells declined to comment.

Children under 16 will be banned from Facebook, Instagram, Snapchat, TikTok, X, YouTube, Threads, Reddit and Kick, with social media platforms that fail to reasonably enforce the restriction to face a fine of up to $49.5 million from December 10.

Concerns have, however, been raised that the rules do not go far enough to include similar platforms like Discord and Roblox, and are easy for children to circumvent.

The eSafety Commission has said the list of platforms included in the ban is not “static”, suggesting more could be added in the future.

Prime Minister Anthony Albanese has acknowledged his world-first ban is not perfect.

“We do argue, very strongly, though, that this is the government of Australia setting down what we expect to happen, including reminding social media companies that they have a social responsibility, and that they need to be conscious about their social licence, like other businesses,” he told reporters on Monday.