Australian Children Arrested Under Flawed Extremism Laws, Experts Warn
Experts have raised serious concerns about laws that criminalise children as young as 10 for possessing material openly available on the internet, labelling them as flawed and problematic. These regulations, designed to disrupt extremism, risk ensnaring vulnerable young people who may not understand they have committed a crime, according to a Guardian Australia investigation.
Case Studies Highlight Systemic Issues
Court records reveal that many children charged under these laws have diagnoses such as autism, language challenges, and social issues. For instance, Sara*, a 14-year-old girl, was arrested after family members found disturbing videos on her phone. She had developed an interest in Nasheeds and searched for information about wars and caliphates, telling police she had no intention of harming anyone. A clinical psychologist described her as a "young, naive Muslim girl with autism," and the magistrate noted she did not fully appreciate the wrongfulness of her actions. Her case was diverted to a mediation process.
In another example, a 13-year-old Adelaide boy with autism was charged with possession of extremist material, a case his barrister called "an abuse of process, doomed to fail and oppressive." The charge was later dropped. Similarly, a 17-year-old Canberra boy pleaded guilty to possessing violent extremist material, including videos showing murder and ISIS flags. He was described as autistic and having "significant neurological disadvantage," with his interest shaped more by rigid moral beliefs than a desire to harm.
Legal and Ethical Concerns
Security services have warned about the rising number of young people being radicalised in Australia, often through online connections. However, lawyers and terrorism experts question whether possession charges are the right approach, especially when such material is pervasive online. A 2025 report found that gore-related websites hosting terrorist material receive millions of visits monthly from the UK, largely from young men.
James Caldicott, a lawyer in South Australia, explained that it can be difficult for young people to distinguish between violent content, offensive material, or news reporting. "Kids will join these channels on Discord, Telegram, Signal, and may be part of a group of thousands," he said. "It is a minefield. Someone might have 10 videos on their phone and not even realise they would be classified as extremist material."
Robyn Young, a psychologist and autism researcher at Flinders University, added that knowing what content is legally extremist can be "a little bit blurry." She emphasised the need for education to protect vulnerable individuals.
Impact on Rehabilitation and Counter-Terrorism Efforts
Since 2023, intentionally possessing violent extremist material became a federal offence in Australia, with 60% of those charged being children, according to the Independent National Security Legislation Monitor. In South Australia, at least 10 people under 18 have been charged under state laws since 2017. Police acknowledge these charges are used for early intervention, but critics argue they may undermine rehabilitation.
Dr Andrew Zammit, a terrorism and security researcher, stated, "On balance this is a bad law that raises more practical and moral problems than it solves." He warned that without requiring proof of terrorist intent, it is hard to judge if the law prevents attacks and could deter parents from seeking help for fear of imprisonment.
An internal review by the Australian Federal Police was launched after a court found an undercover officer had "fed" the fixation of a boy with autism, "dooming" rehabilitation efforts. Dr Vicki Gibbs, a clinical psychologist involved in the review, noted that while cases have increased since 2020, it remains rare for young people with autism to be involved in counter-terror investigations. She highlighted the need for appropriate responses based on individual circumstances.
Overall, these laws have sparked debate about balancing national security with the rights and vulnerabilities of children, particularly those with disabilities, in the digital age.
