Elon Musk’s social media platform X has accused Australia of seeking excessive regulatory powers that conflict with international law through proposed measures to strengthen enforcement of the country’s ban on social media access for children under 16.
Australia’s world-first law preventing children under 16 from holding social media accounts came into force last December, drawing criticism from several major US-based technology companies.
In a submission to an Australian Senate committee, published on Tuesday, X said the proposed changes failed to give “due regard to procedural fairness, privacy, the broader impacts on online services, and Australia’s digital economy”.
The company objected to plans that would expand the powers of the eSafety Commissioner to compel the production of documents and increase the maximum penalty for non-compliance to A$99 million.
X said the proposals would “compel any person outside Australia … to provide information and documents merely because they are ‘affiliated’ with a company,” adding that the measure was “in clear conflict” with international legal principles.
The company also argued that the amendment “raises potential for a severe impact on international comity”, referring to the principle of respecting the legal systems of other countries.
The dispute has taken on an international dimension after a US congressional committee asked Australia’s eSafety Commissioner to testify, accusing the regulator of threatening Americans’ free speech rights.
Musk has previously criticised the Australian law, describing it as a “backdoor way to control access to the internet by all Australians”.
Data released by eSafety and other studies since the law took effect show that most Australians under the age of 16 still have social media accounts.
The eSafety Commissioner said it is preparing a possible enforcement lawsuit against five platforms but has been hindered by limited investigative powers.
The regulator told the Senate committee its current authority to compel documents is weaker than that of many other regulators, leaving it dependent on “representations from providers about their own compliance”.
It also said it lacks the power to compel documents from third-party age assurance providers hired by social media companies, creating “significant” barriers to investigations.
DIGI, an industry group representing several technology platforms, told the inquiry that eSafety already has extensive enforcement powers that have not been fully tested. It also called for greater clarity on which parties can be required to produce documents.
Google’s YouTube and TikTok said in separate submissions that there is no known foolproof method of identifying and blocking underage users.
Australia’s Parliament has yet to approve the proposed enforcement measures. The Senate committee is expected to present its findings on August 25 after completing public hearings.
Faridah Abdulkadiri
