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SA government steps into high court showdown over under-16 social media ban

The South Australian Government aims to join a High Court challenge defending the new law that will prohibit under-16s from using social media.

The South Australian Government has announced its intent to participate in the High Court challenge regarding the legality of Australia’s forthcoming social media age restriction law. Set to kick off on December 10th, this legislation mandates social media companies like TikTok, Instagram, Snapchat, X, Facebook, and YouTube to implement measures that block Australian users under 16 years old from creating accounts. Violations of this law carry potential penalties of up to $49.5 million for systemic non-compliance.

The challenge, initiated by the Digital Freedom Project Incorporated along with NSW Libertarian MLC John Ruddick, contests the constitutionality of the law. Despite the opposition, the SA Government, under the leadership of Premier Peter Malinauskas, stands firmly in support of this initiative.

Premier Malinauskas shared, “Together with the Federal Government, we have led the world in crafting legislation to protect our children from the dangers of social media and addictive algorithms.

“The rest of the planet is watching closely. It is no surprise that there will be those who seek to stop our intervention,” he said. “But we will not be taking a back step. We will seek to ensure our arguments and reasons for pursuing this legislation are heard and clearly understood in any legal challenge.

“When something threatens to harm our kids – be it drugs, alcohol, gambling, or addictive social media – we act.”

The legislation has already started to influence policies outside of Australia, notably in Europe, where it inspired action from the European Parliament. Last week, this body voted in favour of a resolution to bar children under 16 from social media usage to assist parents in combating the detrimental effects of these platforms.

As the High Court prepares to hear the challenge, the argument set forth by the South Australian Government will play a critical role in the proceedings and potentially in shaping the future of social media regulations not just in Australia but around the world. The outcome will likely have significant ramifications for both social media enterprises and the landscape of digital child protection globally.

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