Teens vs The State: Why Two Australian Teenagers Took Their Government to Court

Illustration of two Australian teenagers facing microphones outside the High Court over the social media ban case
Illustration: Two Australian teenagers challenge the under-16s social media ban in the High Court.

Written by Aidan Walker

When two 15-year-olds decide to sue their own government, it is no longer “just politics”. It becomes a question about power — and who is allowed to challenge it. In Australia, that question is now being tested in the country’s highest court.

The teenagers behind the case are Noah Jones and Macy Neyland. Both are leading a legal challenge against a new law that will ban under-16s from using social media. The High Court has formally agreed to hear their case — a move that signals the issue is far from symbolic.

But there is a catch: the ban will still take effect on 10 December 2025, even though the court hearing itself will not begin until early 2026. In other words, millions of teenagers may be locked out of their digital lives long before a judge delivers any verdict.

The law that triggered revolt

At the centre of the dispute is the Online Safety Amendment (Social Media Minimum Age) Act 2024. The law forces social media companies to block under-16s from holding accounts — or face heavy fines.

The government argues this is about safety: protecting young people from addiction, harmful content and cyberbullying. But Jones and Neyland say the solution goes too far — and breaks something far more important than screen time.

They argue the law wipes young people out of the modern public square. Politics, activism, debate, awareness and identity all now live online — and the state, they claim, is attempting to revoke their access entirely.

The constitutional question

Australia does not have a written “bill of rights”, but it does protect freedom of political communication through the Constitution. That protection exists to ensure people can take part in democratic life.

The teenagers argue that social media is now where political conversation happens. Removing under-16s from digital platforms cuts them off from that conversation at the very moment when political identity begins forming.

According to court documents, the argument is not about socialising — it is about civil participation. Teens are no longer just scrolling; they are organising, learning, watching elections unfold and engaging with global issues in real time.

The government’s defence

The government insists the ban is necessary and justified. Officials claim it protects young people from psychological harm and rescues childhood from algorithmic exploitation.

But critics warn prohibition is not protection. Banning children from mainstream platforms may simply push them into darker, unregulated spaces where oversight disappears.

In an interview reported by Reuters, one of the teenagers said the ban would make the internet “more dangerous, not less”.

When will the court step in?

Australia’s High Court has agreed to hear the case in early 2026. But the law will be enforced weeks before any argument is considered in front of a judge.

That timing transforms the case from a future legal theory into a present reality. Accounts will be shut down first. Rights will be argued later.

The outcome may not be immediate. Constitutional cases move slowly. Yet the impact of the ban will be instant — and irreversible for many teens.

The High Court confirmed the hearing timetable via ABC News Australia, noting that the law remains active while the court process unfolds.

Why this case matters

This is not just about Australia. Other countries are watching closely. If the ban survives, it may become a global template. If it fails, it may become a warning.

For Jones and Neyland, the fight is personal. For governments worldwide, it is political. For teenagers everywhere, it is existential.

If the state can erase a generation from digital life once, it can do it again.

Related: Read how government power is being challenged in another major policy battle in our report on law, immigration and civil rights.

The teenagers are not asking for permission to post. They are asking for recognition as citizens.