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Australian teenagers sue government saying social media ban violates their right to communicate

Two teenagers are legally challenging Australia’s ban on social media for children under 16, arguing it is “unconstitutional” because it takes away their right to free communication.

Noah Jones and Macy Neyland, both 15, are named as plaintiffs in a High Court challenge lodged by the Digital Freedom Project on Wednesday.

Australia is the first country in the world to ban social media platforms like Facebook, TikTok and Instagram for children under 16.

The ban, passed into law last November, comes into force on 10 December.

The Digital Freedom Project said it would argue that the law imposing the ban was “grossly excessive” and infringed on the “constitutional right of freedom of political communication”.

The two teenagers were “representative” members of the group affected by the ban, the advocacy group said.

Noah said the young generation was the “true digital natives” and they wanted “to remain educated, robust, and savvy in our digital world”.

“We’re disappointed in a lazy government that blanket bans under-16s rather than investing in programs to help kids be safe on social media,” he said.

“They should protect kids with safeguards, not silence.”

Macy said “voters of tomorrow” should not be banned from expressing their views.

“If you personally think that kids shouldn’t be on social media, stay off it yourself, but don’t impose it on me and my peers,” she said.

“We shouldn’t be silenced. It’s like Orwell’s book 1984, and that scares me.”

After the news of the lawsuit broke, communications minister Anika Wells seemed to reference it during Question Time in the parliament on Wednesday, insisting that the federal government was “firm” in its commitment to roll out the new law.

“Despite the fact that we are receiving threats and legal challenges by people with ulterior motives, the Albanese Labor government remains steadfastly on the side of parents and not platforms,” she said. “We will not be intimidated by threats. We will not be intimidated by big tech on behalf of Australian parents. We stand firm.”

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