An Australian judge has ruled that the social media platform X is subject to a state’s anti-discrimination law, despite not having an office in Australia. Queensland Civil and Administrative Tribunal Judge Ann Fitzgerald made this decision in response to a hate speech complaint filed by the Australian Muslim Advocacy Network against Twitter. The ruling allows the Queensland Human Rights Commission to investigate allegations that X failed to remove or hide anti-Muslim hate speech. This decision marks the first legal victory against a social media company under Australian vilification laws and sets a precedent for holding social media companies accountable for content that breaches hate speech laws in Australia.
X has been accused of refusing to remove material that denigrates, dehumanizes, and demonizes the Muslim community, portraying them as an existential threat. The complaint involves videos and photos posted on X by an alleged far-right anti-Muslim conspiracy blog authored by an American citizen, which is then shared and commented on by users. The tribunal has granted the network’s request to keep the blog and its author anonymous to protect Muslims from potential adverse consequences. Despite X’s argument that the tribunal lacks jurisdiction due to its lack of presence in Queensland, Fitzgerald ruled that X is “present in Queensland” because it provides services there and conducts business in the state.
The ruling by Judge Ann Fitzgerald has significant implications for all social media companies operating in Australia, as they may now be held accountable for locally accessible content that violates hate speech laws. X, along with its Australia-based lawyers, did not immediately respond to requests for comment following the decision. The complaint against X highlights the challenges faced by social media platforms in regulating hate speech and harmful content, especially in cases where the content originates from external sources. The Australian Muslim Advocacy Network sees this legal victory as a step towards ensuring social media companies uphold anti-discrimination laws and take responsibility for the content shared on their platforms.
In addition to the case against X, billionaire entrepreneur Elon Musk, who purchased the platform last year, is also facing legal challenges in Australian Federal Court. The court is dealing with a notice from an Internet safety watchdog to remove a video of a 16-year-old boy allegedly stabbing an Assyrian Orthodox bishop in a Sydney church. X has agreed to geoblock images of the incident from Australian users, following a declaration from Australian authorities that it constitutes a terrorist act. These legal battles demonstrate the complex regulatory landscape surrounding social media platforms and the need for clear guidelines on how to address harmful content and hate speech online. The decisions made in these cases could have broader implications for social media companies and their responsibility to uphold anti-discrimination laws in the countries where they operate.
