The NSW Government has confirmed it will join South Australia in intervening in proceedings before the High Court of Australia in relation to the constitutional challenge lodged against the nation-leading social media minimum age laws.
The new national laws, which come into effect on 10 December, require social media platforms that meet the definition of an age-restricted service to take reasonable steps to prevent Australians under 16 from holding accounts.
Platforms that fail to comply may face penalties of up to $49.5 million for systemic breaches.
“I want to again congratulate the Albanese Government on passing these laws. They are world leading,” said NSW Premier, Chris Minns.
“I’ve said before, social media is this giant global unregulated experiment on children.
“These laws put responsibility where it belongs – on the platforms themselves. If they fail to protect young people, there must be consequences.
“We will seek to be heard in the High Court challenge because the principle at the heart of this reform is simple: when something threatens to harm our kids, we act.”
The Premier said the NSW Government has been a leading advocate for stronger protections to shield young people from online harm, working in close partnership with the South Australian Government to push for a national minimum age. This included through a joint social media summit held by the NSW Government and the Government of South Australia, in 2024 – the first of its kind.
The High Court challenge has been brought by several plaintiffs.
Having considered the significant implications of the constitutional challenge, the NSW Attorney General, Michael Daley, has determined to intervene on behalf of the citizens of NSW and be heard on those issues.
“Banning social media for children under 16 is the sensible thing to do. Social media is exposing young people to harmful, inappropriate and damaging content,” said Mr Daley.
“We will seek to help defend this important protection for children, not just in NSW, but across the country.”
The upcoming start date of the legislation follows the Federal Parliament’s passage of the Online Safety Amendment (Social Media Minimum Age) Bill 2024 last November.
“Myself and the Office for Youth have met and spoken with young people about the social media ban on many occasions, including at a dedicated session at the social media summit,” said Minister for Youth, Rose Jackson.
“The Government is backing the ban because we believe it’s the right decision to keep young people safe. It’s important that the people of NSW have their views represented in these court proceedings.”
