Facebook v Twiggy: Clickbait battle ends

Andrew Forrest has accused Facebook's parent company Meta of being reckless.

Andrew Forrest has accused Facebook's parent company Meta of being reckless. Photo: AAP

Billionaire Andrew ‘Twiggy’ Forrest’s bid to hold Facebook’s parent company Meta to account in Australia over an alleged cryptocurrency clickbait advertising scam has been stymied.

The mining magnate launched a criminal case against the social media giant, accusing it of being criminally reckless in allowing bogus ads for a cryptocurrency investment scheme using his image to appear on its site.

The Commonwealth Director of Public Prosecutions was expected to take over the fight in the Western Australian District Court on Friday, because a private citizen cannot prosecute charges on indictment.

But it instead filed a discontinuance notice ending the matter.

Forrest said it was a tragedy for innocent victims of the ads who’d lost their life savings.

“It shows that Facebook is beyond the laws of Australia, that hard-working Australians are not protected, and that scams will continue to run rampant with no recourse for those who are duped by increasingly sophisticated technology on social media platforms that take no responsibility,” he said.

“In this case, the Australian legal system was incapable of holding Meta to account for flagrant conduct that causes significant harm to Australian citizens.”

Forrest said he would continue his battle and campaign for urgent law reform so action could be taken against foreign-owned social media platforms, such as Facebook.

“Politicians must take responsibility on behalf of ordinary mums and dads,” he said.

“Meta hides behind the lie that it does not do business in Australia, hiding behind a US entity.”

He said foreign companies must be made to abide by Australian law.

ACCC legal action against Facebook investment scam ads

Forrest and other prominent Australians were targeted in the ads. Photo: Supplied

When Forrest launched the case in 2022 it was the first time Meta had been prosecuted with criminal charges – three counts of recklessly dealing with proceeds of crime to the value of $1000 or more – related to its social media platform.

It’s alleged the company failed to take sufficient steps to take down the scam ads. Published in 2019, they featured Forrest and other prominent Australians.

The philanthropist has said Meta “blatantly” refused to remove thousands of fraudulent scam ads on its platforms despite repeated requests.

Meta had entered pleas of not guilty to the charges after initially saying it had no case to answer in Australia.

Forrest, the founder of Perth-based Fortescue Metals Group, also launched civil proceedings against Facebook in California in September 2021.

That matter is also scheduled to be heard in the US on Friday.

The civil case will determine if Meta is liable for allegedly publishing and not removing thousands of fraudulent ads featuring Forrest’s image.

“I’m asking the courts of California, I will ask the courts of Australia, to fix this illegal or improper content rapidly,” he said.

If successful, it could force Meta to be more accountable for fraudulent content on its platforms in Australia and globally.


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