Musk's X Accuses Australia of Undermining International Law Over Social Media Ban Enforcement

Elon Musk's X platform has accused Australia of attempting to grant its internet regulator excessive information-gathering powers and undermining U.S. law through its stringent enforcement of a ban on social media for users under 16. Australia's pioneering law, enacted in December, has drawn criticism from mostly U.S.-based social media companies.

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The plans did not give "due regard to procedural fairness, privacy, the broader impacts on online services, and Australia's digital economy".

X contends that Australia's proposed changes fail to "give due regard to procedural fairness, privacy, the broader impacts on online services, and Australia's digital economy." In a submission to an Australian senate committee, X specifically targeted plans to expand the eSafety Commissioner's rights for document discovery and double the maximum fine to A$99 million ($69 million).

The platform argued that these 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. X further stated that the amendment "raises potential for a severe impact on international comity," referring to respect for foreign legal systems.

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The changes would "compel any person outside Australia ... to provide information and documents merely because they are 'affiliated' with a company," a move it described as being "in clear conflict" with international legal principles.

This controversy has escalated into a geopolitical issue, with a U.S. congressional committee already requesting the eSafety Commissioner to testify, accusing her of jeopardizing American free speech. Musk himself previously criticized the Australian ban as a "backdoor way to control access to the internet by all Australians."

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The amendment "raises potential for a severe impact on international comity".

Data indicates most Australian teenagers under 16 still possess social media accounts despite the ban. eSafety has announced potential enforcement lawsuits against five platforms but faces challenges due to its limited powers. The regulator noted its current inability to compel documents from third-party age verification providers creates "significant" barriers to investigations. The proposed legislative changes are pending parliamentary approval, with the senate committee expected to deliver its findings on August 25.

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The billionaire Musk himself called the Australian social media ban a "backdoor way to control access to the internet by all Australians" in an earlier post on X.