The fallout from the TikTok Awards has intensified, with a leading human rights lawyer warning that the treatment of Black creators at last week’s event may amount to racial discrimination under Australian law.
The new legal analysis comes as more creators, including a nominated model, step forward with fresh claims of being ignored, dismissed, or berated by photographers on the red carpet.
TikTok has since begun personally apologising to affected creators and has allegedly told several people it will no longer work with the photographers involved.
These developments follow Back Cover News’ reporting that Black creators were blocked from photo opportunities, told their photos were not needed, and watched white creators walk through the red carpet with ease. A video of one confrontation has since gone viral, sparking widespread debate about racial bias in Australia’s creator and entertainment sectors.
Beauty and Fashion Creator of the Year nominee Florence Baitio has also publicly detailed her own experience from the night, further undermining suggestions that the issues were simply the result of chaos.
In a TikTok video, Baitio said she and another creator of colour stepped onto the carpet expecting to be photographed because they were nominees.
“There were about four photographers,” she said. “One wearing a blue cap looked right at me and did not take a single photo. He told me to get off the carpet.” She said she watched him take “lots of photos” of other attendees but none of her.
When her friend raised the issue with a TikTok staff member, the photographer allegedly confronted Baitio directly. She said he marched up to her and berated her for complaining about him.
The incident left her humiliated and shaken. Her account aligns with multiple creators who told Back Cover News they were dismissed or ignored while photographers focused almost exclusively on white attendees.
A number of white attendees, many who were not nominated for a TikTok Award, have come forward saying they had their photos taken without any issues.
Human rights lawyer and SafeSpace at Elevate founder Prabha Nandagopal says the treatment described by creators could fall squarely within the scope of racial discrimination under the Racial Discrimination Act.
“If Black creators were treated less favourably because of race, that can fall within racial discrimination. It does not matter that this happened on a red carpet. Public events still have to offer equal access,” she told Back Cover News.
She stressed that TikTok cannot distance itself by blaming security, PR teams, or contracted photographers. “TikTok must run events that are safe and fair. They must brief staff and contractors, set clear rules, and stop any practice that treats people differently because of race. If contractors act unfairly, TikTok is responsible unless it took real steps to prevent it.”
Nandagopal added that the incident reflects a much broader pattern she has witnessed in Australian media and public events. “This is not a one off. Invitations, access, and visibility still tilt towards whiteness. You may be present but you are not necessarily supported. It can feel tokenistic. Equity needs intention and structure. It will not happen by accident.”
Several creators have confirmed that TikTok has privately reached out with direct apologies and allegedly told them the company will no longer engage the photographers in question. TikTok has not confirmed this publicly.
The platform previously told Back Cover News it was “deeply upset” by the negative experiences and attributed some of the disruption to an extreme weather event that triggered an emergency indoor relocation of the media wall.
Many creators say the weather explanation does not address the central issue. They believe it does not explain why creators of colour were disproportionately stopped, ignored, and dismissed.
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Symbolic Annihilation: When Australia’s Diversity Is Ignored
Australia is a majority migrant nation, yet its media fails to reflect that reality. Despite a population rich in cultural and racial diversity, 75 per cent of presenters, reporters, and commentators on Australian television are of Anglo-Celtic background. Only 6 per cent are from non-European backgrounds, and just 0.3 per cent are Black. Over 75 per cent of editorial leadership roles are held by white Australians. These figures come from Media Diversity Australia and the University of Sydney.
Experts call this symbolic annihilation. Entire communities are made invisible, their stories rarely told, their faces rarely seen. The consequences are serious and long-lasting. People of colour face fewer opportunities, less recognition, and limited industry support. Many feel forced to leave Australia to pursue careers that reflect their talent and identity.
For creators, visibility is currency. Being denied a photo at a major industry event is not about ego. It is about access, career trajectory, and representation. Every time someone is excluded, it reinforces a system that privileges whiteness and sidelines people of colour, making it harder for the next generation to see themselves in the spotlight.
TikTok’s apology and its decision to cut ties with the photographers is seen as a positive first step. Advocates say this is not enough. Nandagopal believes meaningful change requires structural reform. “Put diverse people in the room when decisions are made. Set clear rules for access. Track who gets pushed aside and act on it. That is what real equity looks like.”
Creators say the incident has left them questioning their place in Australia’s creator economy and whether platforms are willing to safeguard fair access for all.
