Reddit challenges Australia's age-verification law, says it's not social media

midian182

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In brief: Is Reddit a social media site? The company insists that it isn't, and therefore shouldn't be included in Australia's recent ban on under-16s using social media platforms. Steve Huffman's firm says it is a "collection of public fora," and has now filed a lawsuit in Australia's High Court to overturn the ban or, failing that, make itself exempt.

Australia's under-16 social media ban came into effect last week, just over a year after the legislation was passed. It requires Facebook, Instagram, Kick, Reddit, Snapchat, Threads, TikTok, Twitch, Twitter, and YouTube to verify the ages of Australian users and close the accounts of those identified as under 16. Platforms that fail to comply face fines of up to AU$49.5 million ($33 million).

Reddit, which counts Australia as its fourth-largest market, isn't happy with the law's introduction or its inclusion as one of the affected platforms.

In a lawsuit it filed against the Commonwealth of Australia and Communications Minister Michelle Rowland on Friday, Reddit argues that the law infringes Australia's Constitution, which includes an implied freedom of political communication that exists to ensure Australians can "exercise a free and informed choice as electors."

"Australian citizens under the age of 16 will, within years if not months, become electors. The choices to be made by those citizens will be informed by political communication in which they engage prior to the age of 18," Reddit wrote in the filing.

Additionally, Reddit argues that even if the law isn't overturned, it should be made exempt because it does not qualify as a social media platform. Instead, the company claims it "operates as a collection of public fora arranged by subject."

"That is because it is not the case that the sole purpose, or a significant purpose, of Reddit is to enable 'online social interaction' between two or more end-users," the company said.

The eSafety Commission has published a flowchart for each of the legislation's criteria to help companies determine whether they are subject to the rules. Based on this framework, Reddit would likely be classed as an age-restricted social media platform.

The eSafety Commission has also published a list of platforms it says do not fall under the rules. These include Discord, GitHub, Google Classroom, LEGO Play, Messenger, Pinterest, Roblox, Steam and Steam Chat, WhatsApp, and YouTube Kids (but not YouTube itself).

Reddit acknowledges that it enables online interaction, but argues that this does not amount to social interaction as defined by the legislation.

Reddit's argument that you can't be social online with people you don't know is unlikely to be accepted by the court.

The Australian government is also unconvinced. It said Reddit filed the lawsuit to protect its profits and is not interested in children's right to free expression. "It is action we saw time and time again by Big Tobacco against tobacco control, and we are seeing it now by some social media or big tech giants," said Health Minister Mark Butler.

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Yeah I'm with Australia here, Reddit is the wrong place to get an informed political opinion or knowledge, it's is purely a socialist echo chamber on any political sub outside of conservative subs that are so locked down no new members can really participate because the hyper left used to go briganding to them to downvoted them. Their entire argument of it helping people be informed fails immediately as it's bias both from its communities and admins is so far left it would make Soviet Russia look capitalist.
 
Good luck Reddit.

I don’t think your “splitting hairs” defense is going to hold very well. I can’t think of an extremely popular social media platform, without thinking of Reddit.

If even YouTube falls under this category, then Reddit has no chance.
 
A legal analysis from AI is presented here. (I can't check the high court cases it shows, so it's possible that it's hallucinating.)
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The Internet’s foundational principle is free access to information—a fundamental human right. Laws must be proportionate: the burden should not outweigh the benefit. Yet this Act does not target harmful content or features; it bans entire platforms like Reddit, YouTube, Facebook, and TikTok. This indiscriminate approach burdens all users, including adults, who must either accept unreliable ID verification submission or endure biometric surveillance (a privacy violation), or lose access to the website entirely. Such disproportionate measures undermine the Act’s legitimacy.

Legal precedent supports this critique. The High Court of Australia affirmed the right to anonymous expression in *Australian Broadcasting Corporation v. Lenah Game Meats Pty Ltd* (2001), recognizing anonymity as protected under privacy law. The implied freedom of political communication inherently includes anonymous discourse. Requiring ID verification to access Reddit thus violates constitutional rights.

Courts consistently reject unworkable laws. In *R v. Secretary of State for Transport, ex parte Factortame Ltd*, a law was struck down due to impossible enforcement burdens. Similarly, Australian courts have invalidated laws imposing unreasonable compliance requirements (*Australian Broadcasting Corporation v. Commonwealth*). This Act is unworkable: identity verification cannot be enforced without effectively banning all users.

Policy failure lies in targeting platforms instead of harm. Rather than regulating addictive algorithms, the Act bans entire ecosystems—a clear overreach. Courts favor targeted measures over blanket bans. In *R v. Secretary of State for Health, ex parte British Medical Association* (2005), a blanket smoking ban was rejected as disproportionate. Australia has similarly rejected blanket bans on speech. This Act is a blanket ban masquerading as child protection.

Conclusion, the Act is both a de facto ban to all users and constitutionally invalid. Enforcement inevitably leads to universal bans because no user will ever send ID or face biometrics to log in to a website—thus rendering Reddit inaccessible. Constitutionally, it fails because it is unworkable, violates anonymous political speech, is disproportionate and constitutes a blanket prohibition.

Ultimately, this law isn’t about protecting minors—it’s about control. Its enforcement disproportionately burdens adults, invades privacy and threatens the internet’s core principles. Reddit’s lawsuit may falter on procedural grounds, but the Act will still fall in a future case challenging its enforceability and constitutional flaws. It will not fail because minors are denied access—but because it cannot be enforced without banning the internet itself.
 
Their entire argument of it helping people be informed fails immediately as it's bias both from its communities and admins is so far left it would make Soviet Russia look capitalist.
Yeah, that's the long and short of how many subreddits have gone. There's no reasoning with people there.
 
I dont get it how youtube is social media and discord is not. And yet there are countless sites kids can go and socialize once the doors close on these few select websites. Or how any site with a comments section or a forum doesnt count.
 
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