X Corp has admitted it failed to fully comply with Australia’s eSafety Commission policies for protecting children from sexual exploitation.
The Federal Court has ordered X Corp pay a $650,000 fine for the breach.
eSafety Commissioner Julie Inman-Grant said the decision provides “important information about how these companies are tackling the worst-of-the-worst content on their platforms.”
Case
In February 2023, the eSafety Commissioner asked X (then Twitter) to explain its compliance with Australia’s online safety laws over the previous 12 months. It was meant to address how the platform was tackling child sexual exploitation and abuse material.
X provided a report which the eSafety Commissioner found to have “deficiencies”.
In court, the social media company admitted it broke the law by handing in a report that didn’t meet legal requirements, such as by failing to respond to questions eSafety put to it.
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Decision
On Thursday, Federal Court Justice Michael Wheelahan determined that X Corp breached the Online Safety Act by not responding fully to eSafety’s notice.
Justice Wheelahan said that when a “large social media platform has failed to comply,” the public should be told about it.
He added that the outcome would “contribute to a deterrent effect.”
X Corp must pay a $650,000 fine.
“Meaningful transparency is critical to holding technology companies to account,” eSafety Commissioner Julie Inman-Grant said about the decision.
