Confirmation
that X
Corp (formerly Twitter Inc) - and its 95 shadowy equity partners - closed
and left closed, accessible channels for the public to report
misinformation and disinformation on its social media platform "X"
during the Australian Aboriginal and Torres Strait Islander Peoples Voice to Parliament national referendum period from its initial announcement through to polling day.
Digital
Industry Group Inc. (Digi), Media Statement, 27
November 2023:
Complaint By Reset Australia Against X (F.K.A Twitter) Upheld By Australian Code Of Practice On Disinformation And Misinformation Independent Complaints Sub-Committee
A
decision by an independent committee in relation to a complaint by
Reset Australia against X (f.k.a Twitter) under the Australian Code
of Practice on Disinformation and Misinformation (ACPDM) has been
reached today.
The
Digital Industry Group Inc. (DIGI) is releasing this decision in its
role as the administrator of the ACPDM. Eligible complaints made by
the public, via the complaints portal that DIGI administers on its
website, are escalated to an independent Complaints Sub-committee.
These functions and the committee’s composition are detailed on the DIGI website here.
On
Thursday, 5 October 2023, DIGI received a complaint from Reset
Australia (the complainant) claiming that X (f.k.a Twitter) had
breached its mandatory obligations under the ACPDM, in particular
Outcome 1C.
DIGI
assessed the complaint as an ‘eligible complaint’ – under the
ACPDM’s Termsof reference for Complaints Facility and Complaints Sub-committee
(ACPDM complaints process) – and, on Friday, 6 October 2023,
notified the independent Complaints Sub-committee of the complaint
concerning a material breach of the code. The complaint was handled
in accordance with the process set out in the ACPDM complaints
process.
DIGI
has today published the public statement written by the independent
Complaints Sub-committee, which includes information about its
findings and the process it undertook. These statements, set out
below, have been written by the independent Complaints Sub-committee,
and are being released by DIGI in this media release and on the DIGI
website in line with DIGI’s role as the administrator of the ACPDM.
Statements
Attributable To The Independent Complaints Sub-Committee:
The
finding of the ACPDM governance Complaints Sub-Committee into the
complaint by Reset Australia against X.
Under
section 12 (v) of the Complaints Sub-Committee Terms of Reference, X
committed a serious breach of the code and has refused to cooperate
with DIGI or undertake any remedial action.
As
will be outlined in detail below, no further investigation of the
breach is warranted, and X should not be extended any opportunity to
remedy the breach. In the Sub Committee’s opinion, no correction
made now could remedy the breach in relation to this complaint, the
ACPDM code, and the wider community.
The
complaint related to X closing and leaving closed, accessible
channels for the public to report mis and disinformation on the
platform during the Australian Voice to Parliament Referendum.
Accordingly,
the Sub-Committee’s deliberations focused solely on the issue of a
publicly available system to report a platform’s breaches of their
policies and not on any content that might have been seen as mis or
dis information.
The
Sub-Committee’s Terms of Reference state that if the Complaints
sub-committee determines the issue is serious, and the Signatory
refuses to take remedial action or co-operate in an investigation or
a correction is not possible, withdrawal of signatory status is
available as a sanction.
The
Sub-Committee noted that the example given in the Terms of Reference
succinctly summarises X’s breach: For example, if the Signatory
has, without reasonable excuse, failed to provide a mechanism to
the public to make reports of breaches of its policies for an
extended period.
Therefore,
the Complaints Sub-Committee has decided to withdraw X’s signatory
status of the ACPDM Code.
Background:
On
Friday, Oct 6, 2023, the independent Complaints Sub-Committee was
advised that Reset Australia had lodged a complaint about X with
DIGI.
In
part it said: It is no longer possible on X for users to report
content that violates X’s Civic Integrity policy. To be clear,
content that violates X’s published policies around ‘Misleading
information about how to participate’, in an electoral process, or
violate rules around voter ‘Suppression’ and ‘Intimidation’
cannot be reported using publicly available tools.
The
code states “Signatories will implement and publish policies,
procedures and appropriate guidelines that will enable users to
report the types of behaviours and content that violates their
policies under section 5.10. 5.12.”
The
Sub-Committee, DIGI, Reset Australia, gathered for a Zoom meeting on
Monday, Nov 13. X’s relevant executive was given adequate notice to
attend and had confirmed as much but withdrew less than two hours
before the meeting citing ill health. No written submission was
provided to the meeting by X. Under the Complaints Sub-Committee
terms of reference, DIGI attended as observers and acted in its
administration capacity as secretary of the complaints Sub-Committee.
Reset,
in their evidence, confirmed the claim in their complaint, that the
accessible channels for the public to report mis and disinformation
in the politics category was not available at the time of their
complaint and remains unavailable.
This
situation was confirmed by DIGI upon receipt of the Reset complaint.
Additionally, at the request of the Complaints Sub-committee, an
independent comprehensive survey of the X website was undertaken by
RMIT Cross Check, following the commencement of the sub-committee’s
investigation.
The
survey also confirmed the absence of publicly accessible channels to
report mis and disinformation in the politics category. As of the
writing of this report, the publicly available tools referred to
above remain unavailable.
X
promised documents in their defence would be lodged the day after the
meeting, but the documents were never submitted.
A
list of questions from the Sub-Committee was sent to X following the
November 13 meeting with a response date of November 21. No response
has been received and no explanation offered for the failure to
respond.
Repeated
attempts to engage with X by DIGI and Reset Australia have failed to
elicit any response to the complaint. The sub-committee has had no
contact with X in relation to this matter.
On
Monday Nov 27 the Sub-Committee met with DIGI and conveyed their
finding noting that X’s refusal to engage in any way with the
process was disappointing and irresponsible.
– Complaints
Sub-Committee,
27th
November 2023
<Statements
attributable to Complaints Sub-Committee end>
NOTE:
The
ACPDM was developed in response to policy announced by the Morrison
Coalition Government in December 2019, in relation to the ACCC
Digital Platforms Inquiry, where the digital industry was
asked to develop a voluntary code of practice on disinformation. DIGI
developed the original code with assistance from the University of
Technology Sydney’s Centre for Media Transition, and First
Draft, a global organisation that specialises in helping
societies overcome false and misleading information.
Unfortunately,
being a voluntary code originally entered into by twelve large
international technology companies along with five associate members and,
with X Corp expelled for having chosen to ignore the complaint received by DIGI, full membership has now fallen to eleven companies - Apple,
Discord, eBay, Google, Linktree, Meta,
Snap, Spotify, TikTok, Twitch and Yahoo!.