Telecommunications ombudsman seeks powers to help wrongly banned social media users
Swina Kulwar says her classes this term have been halved by the loss of her social media accounts. (Supplied)
Dance teacher Swina Kulwar was preparing for her school's 10th anniversary concert when she was informed the Instagram account for her business had been disabled for "violating community guidelines".
Ms Kulwar received no further explanation and has been trying to get it back ever since it was suspended in July, losing many work opportunities in the meantime.
Unable to speak to a person from Facebook and Instagram's parent company Meta, she has tried everything.
She is just one of many Australians who have faced issues with digital platforms, according to the Telecommunications Industry Ombudsman's (TIO) latest Complaints Data Report.
The TIO provides dispute resolution for Australians with unresolved complaints to internet and phone services.
But Ombudsman Cynthia Gebert said the organisation was powerless to assist without an expanded jurisdiction.
"We regularly hear from people locked out of their digital lives and right now, there's no one with the power to help,"she said.
"The TIO is ready to step into the role of a communications ombudsman to close the gap in digital platform protections."
Cynthia Gebert says users must have appeal rights against social media platforms . (Supplied: Telecommunications Industry Ombudsman)
The TIO said it regularly heard from small business owners locked out of social media or cloud file storage accounts after system errors, miscommunication or account security breaches.
In 2023 and 2024, more than 400 consumers and small businesses contacted the TIO about digital platforms.
More than 60 per cent of these complaints related to access and accounts, and more than 70 per cent were linked to digital platforms owned by Meta and Alphabet (Google's parent company).
Business owners have 'tried everything'
The ABC has spoken with several users with personal accounts and small businesses who have detailed their struggles with contacting platforms when things have gone wrong.
In August of this year, dozens of Meta users contacted the ABC about what they said were wrongful account suspensions.
Users blamed Meta's use of artificial intelligence for the mass bans.
Some were even wrongfully accused of child exploitation, for which the ABC has seen no evidence.
The impacts of bans on business owners included losing potential sales and bookings, cutting off communications with customers and losing valuable time and income, the TIO said.
Meta has not disclosed whether there is an issue with its AI system. (Reuters: Dado Ruvic/Illustration)
Ms Kalwar said she was given no warning prior to being locked out of her Instagram and Facebook accounts.
"There was no explanation about what guidelines were in question, or what post, and no warning," she said.
"The only thing they gave me an option for was to press the appeal button, and there wasn't even a text box where I could put an explanation."
Ms Kalwar was told she would get a response in one to two days but is still locked out and her business has halved as a result.
"It's just so many opportunities that I've lost because of not having a presence on social media,"she said.
The dance teacher said she had tried contacting Meta, which also blocked her personal Facebook account as it was linked to her banned business page.
"I have had so many tearful nights that I just felt so discouraged and demotivated because I have tried every damn thing that I could think of," she said.
The ABC has contacted Meta for an explanation about why Ms Kalwar was locked out of her account.
The report also shared stories of Australians who attempted to get help from the TIO.
One complainant, a small-business owner called Jordan, ran into trouble when his business account on social media was linked to his personal one.
His personal account was hacked and used to target his friends in scams.
The platform blocked the personal account, leaving him unable to access his business page, engage with customers or promote his products.
Jordan attempted many times to regain ownership of his accounts but did not receive a response from the platform.
Social media ban highlights need for complaints body
With the government's social media ban approaching, the need for a fair and independent complaints body was more urgent than ever, the TIO wrote in its report.
Under new federal legislation, from December 10, people under the age of 16 will not be able to sign up for social media accounts.
Social media platforms will be expected to "detect and deactivate or remove" the accounts of existing underage users, but will not need to verify the age of every user.
It is unclear how each platform will implement the ban, and there is concern that more Australians will be wrongfully locked out of accounts.
“We support steps to protect young people online, including the social media ban. What’s important is putting the right supports in place so people can get help when things go wrong," Ms Gebert said.
"It’s about empowering people to get complaints resolved, and making sure social media platforms are accountable to each individual user."
“Whether you’re 16 or 65, you should have somewhere to go if your social media platform can’t or won’t help you.
"By extending our remit to include digital platforms complaints, the TIO can be the one-stop shop for consumers experiencing ongoing problems with resolving complaints about digital and telecommunications companies."