New South Wales MP John Ruddick is set to take legal action against the federal government’s pioneering social media ban, bringing his case to the High Court.

The Libertarian politician announced his intention to challenge the new law, which is slated to take effect next month, on the grounds that it breaches the “implied constitutional freedom of political communication.” Ruddick plans to file the case soon through the Digital Freedom Project, an initiative he spearheads.

Under the new regulation, children under the age of 16 will be prohibited from using popular platforms such as Facebook, Instagram, Snapchat, TikTok, X, YouTube, Threads, Reddit, and Kick. Social media companies that fail to adequately enforce this restriction could face fines of up to $49.5 million starting December 10.

However, there are growing concerns that the ban does not extend to similar platforms like Discord and Roblox, making it relatively easy for young users to find loopholes.

The eSafety Commission has addressed these concerns, indicating that the list of platforms covered by the ban is not fixed and could be expanded in the future.

The eSafety Commission has said the list of platforms included in the ban is not “static”, suggesting more could be added in the future.

Prime Minister Anthony Albanese has acknowledged his world-first ban is not perfect.

“We do argue, very strongly, though, that this is the government of Australia setting down what we expect to happen, including reminding social media companies that they have a social responsibility, and that they need to be conscious about their social licence, like other businesses,” he told reporters on Monday.