Andrew Forrest has accused Facebook’s parent company of “blatantly” refusing to moderate fraudulent content as their legal battle returns to court.

April 12, 2024

The future of a legal battle that pits Facebook’s parent company Meta against billionaire Andrew “Twiggy” Forrest over an alleged cryptocurrency clickbait advertising scam is set to be decided.

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

Dr Forrest says Meta has “blatantly” refused to moderate fraudulent content on its platforms.

“I’ve repeatedly asked Facebook to remove the thousands of scam ads featuring my image … but they continue to proliferate with Facebook’s knowledge on their paid advertising campaigns,” he said.

Lawyers for the tech giant are fighting the allegations and the matter is listed on Friday in the West Australian District Court.

The Commonwealth Director of Public Prosecutions is expected to take over the matter – because a private citizen cannot prosecute charges on indictment – but it could also be dismissed.

Dr Forrest said the adverts’ real victims were small-time investors who often lost their hard-earned savings after being lured into scams by the use of his image.

“I call on all social media companies to use your vast resources to not just make yourself bigger and richer and wider and fatter,” he said.

“But to protect vulnerable people from your platforms being used by criminal syndicates to steal from innocent people.”

When Dr 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 advertisements that were published in 2019 and feature Dr Forrest and other prominent Australians.

Meta had entered pleas of not guilty to the charges.

Dr 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 Dr 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,” Dr Forrest said.

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