Even X, the social media platform led by Elon Musk, has experienced a huge loss. It recently lost a key appeal that forced the company to disclose how it prevents child abuse material uploaded to its platform. The decision comes as part of ongoing efforts by the eSafety Commissioner’s office, which oversees online safety in Australia, to ensure compliance with national regulations regarding child exploitation content.
In 2023, X received a hefty fine of $610,500 from the office of eSafety Commissioner Julie Inman Grant for failing to adequately address how it combats child exploitation. X has a history of non-payment of the fine. This repeated refusal is now being highlighted as part of a separate federal court case that is ongoing.
This recent court ruling is the result of a reporting notice that was issued against X in February pursuant to Australia’s Online Safety Act. This public notice prompted X to divulge very specific information about its plans. All three of these strategies aim to address the rampant dissemination of child exploitation material. In a ruling from a federal court last October, the plaintiff prevailed. Now, the platform has 10–14 days to respond to this notice and is often legally obliged to do so.
Court Ruling and Its Implications
A trio of federal judges unanimously rejected X’s appeal against that initial federal court ruling. This decision underscores the importance of X to adhere to Australian law. It doesn’t matter that X is a foreign company; the point of compliance is still key.
“This judgement confirms the obligations to comply with Australian regulations still apply, regardless of a foreign company’s merger with another foreign company,” – Julie Inman Grant
Inman Grant has sued, her office has shown that they’re all in on the enforcement of the Online Safety Act. They will enforce its provisions strictly at every turn. This ruling reinforces the need for transparency and accountability from technology companies who are operating in Australia.
“Without meaningful transparency, we cannot hold technology companies accountable,” – Julie Inman Grant
The eSafety Commissioner’s office is the first agency of any government in the world solely focused on making sure that Australians are safe online. Its focus on enforcing regulations surrounding child exploitation content reflects a growing concern about the risks faced by children online.
Legislative Action Against Social Media Platforms
Australia just made a big move to improve child safety on the internet. They recently inspired and passed innovative legislation banning social media platforms, including X, for young children under 16 years old. This significant policy change is set to take effect in December, further emphasizing the government’s commitment to protecting minors from harmful content.
Additionally, the legislation—fueled by Inman Grant’s office—marks a forward-thinking effort to better protect children in an increasingly online world. The eSafety Commissioner’s focus on limiting access is indicative of wider societal fear about the effects of social media on young people.
X’s new media office also did not respond immediately to requests for comment about the recent appeal decision. Yet, as reflected by the ongoing legal battles, it is clear that the platform will continue to be highly scrutinized and subject to regulatory pressures ahead.
Future Compliance and Challenges Ahead
As X continues to fight these legal battles, it finds itself with increasing liability to implement stronger protections and measures to prevent content related to child exploitation. The recent court ruling and upcoming legislative changes should be a wake-up call for tech companies doing business in Australia.
