X warns Australia regulator overhaul will undermine transparency and international law
Wednesday, 29 July 2026, 06:28
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A leading social platform has challenged proposed powers for Australia’s online safety regulator, arguing broad document demands and higher fines could stretch legal reach beyond national borders.
Australia has a law that bans accounts of minors under 16 on social networks, and it took effect last December. In response, X, the company associated with Elon Musk, voiced concerns about the regulator’s expanded powers and highlighted the influence of geopolitics on the discussion.
X argues that the proposed changes violate the principles of transparency and due process and would have serious consequences for online services and Australia’s digital economy. They emphasize that the current amendments do not adequately take into account the interests of users and technology platforms.
Plans did not provide proper consideration of procedural fairness, privacy, and the broader impacts on online services and Australia’s digital economy.
In its submission, X criticized the proposal to grant the Online Safety Commissioner broader powers to demand documents and to double the maximum penalty to AUD 99 million.
Changes, according to X, could compel anyone outside Australia to provide information and documents solely because they are linked to the company, which could conflict with principles of international law and cross‑jurisdictional interaction.
The changes force anyone outside Australia to provide information and documents solely because of a connection to the company, which could be in clear conflict with international legal principles.
While the Australian government insists on tightening online content regulation, X warns of a serious impact on international respect for the legal systems of other countries.
In the United States, members of Congress have already asked the Online Safety Commissioner to testify, accusing her of threatening freedom of expression.
Elon Musk himself previously wrote on X that the Australian ban on social networks is “an end run around access to the Internet for all Australians.”
According to data released by the Online Safety Commissioner and subsequent research, most Australian teenagers under 16 still have social media accounts.
The Online Safety Commissioner says she is preparing a potential lawsuit against five platforms, but the process is hampered by the regulator’s limited powers.
The regulator notes that current limited powers to compel document requests conflict with the practices of other regulators, which means the regulator relies on providers to enforce the requirements.
It is also noted that the regulator does not have the authority to demand documents from third‑party age‑verification providers, creating serious barriers to investigations.
The DIGI industry group, which brings together several platforms, said during hearings that the regulator already has broad powers, but they have not been tested in practice, and called for a clearer definition of from whom documents can be demanded.
Google and YouTube, as well as TikTok, in various filings said that there is currently no fully reliable mechanism to identify and block underage users.
Parliament has not yet passed the bill expanding regulator powers. The Senate committee plans to finish its review and present its conclusions on August 25 after the hearings.
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