The South Australian government, led by Premier Peter Malinauskas, is preparing for a landmark legal showdown, announcing it will seek to intervene in a High Court challenge against its proposed social media ban for minors. The state will go head-to-head with two 15-year-olds who are contesting the legality of the incoming age restriction.
Premier Backs High Court Intervention
Premier Peter Malinauskas has publicly thrown his support behind the state's decision to be heard in the constitutional challenge. The government's move signals its determination to defend the policy it championed, setting the stage for a significant test of state powers versus individual rights in the digital age. The case, filed in December 2025, directly confronts the legislation that would prohibit children under a certain age from accessing major social media platforms without parental consent.
Teenagers Take on the State
At the heart of the dispute are two adolescents, both aged 15, who are mounting the legal fight. Their challenge argues that the state's social media ban oversteps its constitutional authority and infringes upon implied freedoms. By choosing to intervene directly, the South Australian government elevates the case's profile, ensuring it will be a central party in the proceedings rather than a mere observer.
Implications for Digital Policy Nationwide
The outcome of this High Court battle, scheduled for hearing after the initial filings in December 2025, could have far-reaching consequences. A ruling against the state could undermine similar legislative efforts being considered across Australia, while a victory for the government would empower states to take more aggressive regulatory stances on digital access and child protection online. The case pits the state's duty of care for young people against arguments concerning free speech and federal jurisdictional control over telecommunications.
Legal experts anticipate a complex debate over where state-based consumer protection laws end and commonwealth communications regulations begin. The Malinauskas government's decision to enter the fray underscores the political significance it attaches to the social media age limit, a policy it has promoted as a cornerstone of its approach to youth mental health and online safety.
