An Australian court upheld an order on Friday for X (formerly Twitter) to pay a fine of A$610,500 for failing to comply with a regulator’s request for information disclosing anti-child-abuse practices, amid efforts to impose responsibilities on digital platforms to protect children from online exploitation.
Under the Online Safety Act, social media platforms are required to engage transparently with authorities to ensure that adequate protections are in place for minors. This legal framework underscores the expectation that tech companies have a duty of care towards their users, especially vulnerable populations such as children. The eSafety Commissioner sought critical data from X to evaluate its measures against child abuse, a request the company largely disregarded, prompting legal action.
In his decision, Justice Wheelahan emphasized that non-compliance with regulatory requests undermines the efficacy of the eSafety Commissioner’s role, which is designed to monitor and enhance child protection in the digital environment. The ruling reinforces the principle that regulatory bodies possess the authority to impose penalties on companies that fail to meet legal obligations. By holding X accountable, the court affirmed the necessity of maintaining rigorous standards for transparency and cooperation, thereby advancing the legal discourse surrounding corporate responsibility in safeguarding children online.
After owner Elon Musk purchased the website and reorganized it into X, the company contended that it was not required to reply to a notice sent by the Australian government to Twitter. The court did not accept this argument. eSafety Commissioner Julie Inman Grant stated that “had X Corp’s argument been accepted by the Court it could have set the concerning precedent that a foreign company’s merger with another foreign company might enable it to avoid regulatory obligations in Australia.”
The decision follows a previous battle with X in which the government tried to block footage of a Sydney Bishop being stabbed from the website. The eSafety Commissioner also took legal action against X regarding strategies the website is taking to combat hate.
Musk has been vocal in his criticism of Australia’s recently proposed law that seeks to combat the spread of misinformation online.