NSW MP John Ruddick has announced he will challenge the federal government’s world-first social media ban in the High Court.
In a statement, the Libertarian MP said he would argue the new law coming into effect next month is unconstitutional as it violates the “implied constitutional freedom of political communication”.
He will be filing with the court, via the Digital Freedom Project he leads, “imminently”.
NSW MP John Ruddick has announced he will challenge the federal government’s world-first social media ban in the High Court. (x)
“The guts of the matter is that to have a social media account in Australia from 10 December you will need to prove to the social media platform you are over 16,” he said.
“That’s going to be a hassle for social media users and a huge administrative burden for the social media platforms.
“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.
Communications Minister Anika Wells and Prime Minister Anthony Albanese. (Alex Ellinghausen)
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.