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Is the "ban" on under-16s from YouTube constitutionally valid?
In Australia, the Commonwealth Parliament has passed a law which is said to ban under-16s from YouTube. YouTube has threatened legal action to challenge its constitutional validity.
This video discusses what the law actually does (as opposed to what the government claims it will do). It does not ban under 16s from YouTube. What it does is require YouTube to take reasonable steps to prevent people under 16 from holding a YouTube account. They can still watch YouTube videos without holding an account.
The video discusses what features are activated by holding an account and the connection with the constitutionally implied freedom of political communication. It concludes that the law would impose a burden on the implied freedom (albeit a small one) that would trigger the High Court's constitutional test. It explains the test and how it would operate, if a constitutional challenge were to be brought.
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