Reddit takes the Australian Government to the High Court over the Social Media ban

When Reddit was named by the eSafety commissioner and then the Minister for Communications as being included in the Social Media Minimum Age Legislation I think most people were shocked, as it isn’t a platform that is immediately coming to mind when thinking Social Media.

However, there is social interaction, there are comments, there is sharing – so the case could be made? Right?

Well, Reddit is asking for exactly that.

Reddit has filed an Application with the High Court to have their case heard against the Government and Minister.

Posting on their own platform, the company says “Here at Reddit, we take youth safety online seriously and believe child safety measures are crucial to a healthier internet overall. It’s why we’ve already proactively put global protections for minors in place and will keep working to strengthen them. It’s also why we have never marketed to young people and are complying with Australia’s new Social Media Minimum Age (SMMA) law.“

So yes, they are complying, but perhaps to ensure this concept of user age verification doesn’t spread worldwide they want to nip it in the bud right here in Australia. Their post goes on to say “That said, we believe there are more effective ways for the Australian government to accomplish our shared goal of protecting youth, and the SMMA law carries some serious privacy and political expression issues for everyone on the internet. So, we are filing an application to have the law reviewed by Australia’s High Court.“

Reddit refers to an “intrusive and potentially insecure verification process” being forced upon “adults as well as minors”, which could lead to isolation from being able to engage in community experiences.

In addition to fighting the general principals of the legislation, Reddit also believes they are unfairly included in the law, stating that they don’t have the traditional social media features the government has taken issue with.

And you have to look at that and agree. Based on all the recent Government commentary, it’s all been about algorithms and such, which Reddit doesn’t have.

Reddit isn’t just fighting to be excluded, they are asking the High Court to declare the legislation invalid, and at the same time seeking an injunction to prevent them from being designated as an age-restricted social media platform, or simply be declared as not being such a platform under the law.

Freedom of political communication is sighted, and I think wrongly, because you’ll struggle to find many 13, 14 and 15 year olds who give two hoots about politics (Yes, I know there are some, but thats fringe cases let’s agree?)

Interestingly, Reddit’s own filing exposes the biggest issue with the SMMA legislation. There is no obligation to restrict content that can be accessed without an account, thus, undermining the purpose of the law.

Gotta say, they make a great case at face value.

We watch with interest.