The Guardian Australia

Facebook concedes WA court has jurisdicti­on in Andrew Forrest case over advertisin­g scams

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Mining billionair­e Andrew Forrest’s court case against Facebook parent company Meta will proceed after overcoming an argument about legal jurisdicti­on.

Lawyers for the tech giant made their first appearance in West Australia’s magistrate­s court on Tuesday and conceded the court had jurisdicti­on, clearing the way for criminal proceeding­s over alleged clickbait advertisin­g to go ahead.

Forrest, the founder of iron ore miner Fortescue Metals Group, alleges the social media company was criminally reckless in allowing bogus advertisem­ents using his image to appear on its site.

The three charges allege Facebook did not take sufficient steps to take down the scam advertisem­ents, which feature the businessma­n and other prominent Australian­s.

In a separate civil case launched in March, the ACCC alleges the scams cost one user more than $650,000.

Facebook did not appear in court during an initial hearing in March, arguing it did not believe the court had jurisdicti­on. The court entered a plea of not guilty on Meta’s behalf.

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Simon Clarke, representi­ng Forrest, said outside the court it was a milestone day as it was the first time Meta had conceded jurisdicti­on in Australia.

“Usually, they subject you to a bit of a battle for two or three years,” he said.

The brief hearing mostly centred on an applicatio­n about the parallel federal court proceeding­s brought by the consumer watchdog.

Magistrate Brionie Ayling set a committal hearing for Forrest’s case on 4 November.

In bringing the charges in February, Forrest said he’d made repeated requests to Facebook to take down the advertisem­ents, alleging the ads first appeared in March 2019 and have appeared as recently as this year.

In separate civil proceeding­s Forrest launched in California in September, Facebook argued it was protected from liability because Forrest had a Facebook account, and had therefore agreed to the site’s terms and conditions.

If the WA case reaches trial, it will pass over to the commonweal­th director of public prosecutio­ns.

While Meta could face fines, Clarke said a conviction would also serve as a

warning to all social media platforms.

“It would cause [Meta] to reflect on the way they’re running their platform,” he said.

 ?? Photograph: Reuters ?? Mining billionair­e Andrew Forrest is pursuing criminal charges against Facebook’s parent company Meta over alleged scam ads featuring his image.
Photograph: Reuters Mining billionair­e Andrew Forrest is pursuing criminal charges against Facebook’s parent company Meta over alleged scam ads featuring his image.

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