Australian Tribunal Orders Elon Musk’s Social Media Company to Comply with Anti-Discrimination Laws
In a recent legal setback for tech entrepreneur Elon Musk, an Australian tribunal has ruled that his social media company, X, must adhere to local anti-discrimination laws. X, formerly known as Twitter, argued that it should not be subject to these laws since it is based in the United States. However, the Queensland Civil and Administrative Tribunal dismissed this argument, stating that X must be held accountable for locally-accessible content that violates hate speech laws.
The ruling came in response to a complaint made by the Australian Muslim Advocacy Network, which alleged that X should be responsible for posts on its site that vilify Muslims. The complaint included 29 tweets that the network claimed “denigrate, dehumanize, and demonize Muslims, portraying them as an existential threat.” These tweets originated from a blog and were subsequently posted on X.
“This is the first such legal victory against a social media company under Australian vilification laws, which will have consequences for all social media companies operating in Australia,” said a spokesperson for the advocacy network. The ruling establishes that social media companies are not exempt from local laws and must adhere to clear standards regarding hate speech.
The tribunal’s decision is significant because it recognizes that X’s presence in Queensland extends beyond mere provision of services and constitutes conducting business within the state. Furthermore, it affirms that the impugned conduct occurred in Queensland, regardless of whether it is considered an “effect” or actual conduct.
The complaint also included religious vilification against Labor Senator Fatima Payman, who is the first hijab-wearing elected representative in the federal parliament. The tribunal acknowledged the presence of religious vilification in the complaint, leading to its referral by the Queensland Human Rights Commissioner.
As for the next steps in the matter, the tribunal will issue directions on how to proceed. It is worth noting that this is not Musk’s first legal battle in Australia. In April, the Federal Court ordered 65 websites, including X, to remove footage of an alleged terror attack. Despite the ruling, Musk chose to keep the content visible until the court refused to extend the temporary injunction earlier this month.
While X has not yet commented on the tribunal’s decision, it still has the option to appeal. This case serves as a reminder that social media companies operating in Australia are subject to local laws and must be held accountable for content that violates those laws. The ruling sets a precedent that will impact all social media companies in the country, emphasizing the importance of adhering to clear standards rather than relying on corporate discretion.
