The Australian Communications and Media Authority (ACMA) has responded to a media report that it reduced the size of a fine imposed on telecommunications giant Optus for serious public safety breaches.
ACMA, the agency responsible for regulating broadcasting, telecommunications, radiocommunications, and online content, said it stood by its enforcement record.
The Australian Broadcasting Corporation (ABC) reported ACMA negotiated with Optus to reduce its fine and sent Optus a draft media release to proofread before it announced the fine publicly.
ACMA fined Optus $1.5 million in 2024 for leaving almost 200,000 customers at risk by failing to upload information to a database used by critical services to warn Australians of disasters such as flood and bushfires and by the Triple Zero service to provide location information to the police, ambulance and fire brigade in an emergency.
The ABC reported documents obtained under Freedom of Information laws showed that an ACMA employee offered to reduce the penalty if Optus, a subsidiary of Singapore Telecommunications, agreed to meet its obligations in future.
In a statement the agency said: “The ACMA stands by its enforcement record which involves the judicious use of various penalties and measures.”
ACMA said in the last year it had fined telecommunications companies more than $19 million through regulatory actions, including a record $12 million penalty against Optus for its November 2023 network outage.
“In addition to the imposition of financial penalties, the ACMA also uses mechanisms such as court-enforceable undertakings that commit companies to the long-term remediation of compliance issues,” ACMA said.
“The ability to use a range of regulatory actions depending on the circumstances of the breach ensures the best outcome for the public, leading to better customer service and more robust consumer protections.”
It also said providing telcos with copies of media releases before publication was consistent with its legal obligations and ongoing commitment to accuracy and the protection of private, confidential or sensitive information but it did not agree to any changes beyond that.
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