Elon Musk’s X has accused Australia of seeking to give its internet regulator excessive information-gathering powers and undermining US law through plans for stricter enforcement of its teen social media ban.
The law, which took effect last December, prevents users under 16 from opening social media accounts, but enforcement has been slow due to the regulator’s limited powers.
X argued that the proposed changes failed to consider “procedural fairness, privacy, the broader impacts on online services, and Australia’s digital economy” in a submission to an Australian Senate committee.
In the submission published yesterday, the company criticised plans to expand the powers of the eSafety Commissioner, including wider authority to obtain documents and an increase in the maximum fine for breaches to A$99 million ($69 million).
X said the proposed changes could force individuals and companies outside Australia to provide information and documents simply because they were “affiliated” with a company operating in the country, describing the move as being in conflict with international legal principles.
The company also warned that the amendment could have a “severe impact on international comity”, a legal principle referring to respect between countries’ judicial and regulatory systems.
A US congressional committee has already asked the eSafety Commissioner to testify, accusing the regulator of threatening American free speech.
Musk had earlier described Australia’s social media restrictions as a “backdoor way to control access to the internet by all Australians” in a post on X.
Despite the ban, data from eSafety shows that many Australian teenagers under 16 still maintain social media accounts.
The regulator said it is preparing legal action against five platforms but has been limited by its inability to compel documents from third-party age assurance providers.
eSafety told the committee that its current powers were weaker than those available to other regulators, leaving it dependent on companies’ own claims about their compliance.
Industry group DIGI, which represents several digital platforms, said eSafety already had significant enforcement powers that had not been fully tested and called for clearer rules on who could be compelled to provide documents.
Google’s YouTube and TikTok said in separate submissions that there was no known foolproof method to identify and block underage users.
The Australian Parliament has yet to pass the bill seeking expanded enforcement powers. The Senate committee is expected to present its findings on August 25 after completing public hearings.