Key facts
- X claims Australia's proposed social media ban enforcement undermines international law and U.S. principles.
- The platform argues proposed changes would grant the eSafety Commissioner excessive information-gathering powers.
- Australia's law, effective since December, aims to ban social media accounts for those under 16.
- X stated the proposed amendments could severely impact international comity.
- The eSafety Commissioner has indicated limited powers are hindering enforcement efforts.
Elon Musk's social media platform X has accused Australia of attempting to grant its internet regulator unfair information-gathering powers and undermining international legal principles with its planned crackdown on a ban for under-16s. Australia's law, which took effect in December, prohibits social media accounts for individuals younger than 16.
X stated in a submission to an Australian senate committee that the proposed changes would "compel any person outside Australia... to provide information and documents merely because they are 'affiliated' with a company," which it described as being "in clear conflict" with international legal principles. The platform also warned that the amendment "raises potential for a severe impact on international comity."
The eSafety Commissioner is seeking to double the maximum fine for non-compliance to A$99 million ($69 million) and gain wider rights for document discovery. However, the regulator told the panel that its current limited powers make it dependent on "representations from providers about their own compliance" and create "significant" barriers to investigations. A U.S. congressional committee has already asked the eSafety Commissioner to testify, citing concerns about American free speech.
Musk himself has previously called the ban a "backdoor way to control access to the internet by all Australians." Data indicates most Australian teenagers under 16 still have social media accounts. Industry group DIGI and platforms like Google's YouTube and TikTok have also raised concerns about the effectiveness and scope of the proposed powers, with YouTube and TikTok stating there is no known failsafe method to block underage users. Parliament has yet to pass the bill for enhanced enforcement powers, and the senate committee is expected to deliver its findings on August 25.