X Claims Australia’s Under-16 Crackdown Violates International Law
Elon Musk’s platform, X, is opposing a bill that would double Australian fines and empower the online-safety regulator to demand documents from individuals not located in Australia.
Background
The Australian government implemented a world-first ban on under-16s using social media last December, holding platforms responsible for keeping young users out. The proposed legislation seeks to strengthen this law by:
- Doubling the maximum fine to A$99 million (approximately $69 million).
- Granting the eSafety Commissioner sharper powers to gather evidence.
X’s Argument
In a submission on the draft bill, X argues that the amendments would:
- Compel individuals outside Australia to provide information and documents simply because they are affiliated with a company, violating international law.
- Have a "severe impact on international comity", the principle of mutual respect between nations’ legal systems.
- Represent a "backdoor way to control access to the internet by all Australians".
Key Points
- The government justifies the ban as a response to social media’s toll on children’s well-being, arguing that only platforms can enforce age limits effectively.
- Despite surveys indicating many under-16 Australians still have social media accounts, early trials found the age checks struggled to detect them.
- X, while not a neutral bystander, has stated its intent to comply with the ban itself, focusing its opposition on the enforcement bill’s reach into individuals and documents beyond Australia.
Broader Implications
The dispute has gained international attention, with a US congressional committee expressing interest.