Banning under-16s from social media may be unconstitutional – and ripe for High Court challenge

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On November 21 2024, the Albanese government unveiled its bill to introduce a minimum age of 16 for most social media platforms. The government claims the bill is necessary to protect children from social harm.

But it might violate the implied freedom of political communication (IFPC) in the Constitution if it is passed. If so, it will be invalid.