Legal fight with Elon Musk's X looms as eSafety Commissioner's greatest test
In the eight years since its inception, Australia's online safety regulator has never pursued a legal battle quite like the one now playing out against Elon Musk’s X. What follows will be an examination of the commissioner's authority, with ramifications for online publishers.
Australia’s online safety regulator is facing the biggest test of its powers since its inception in taking Elon Musk’s X Corp to court to force it to comply with orders to remove graphic footage of last week’s stabbing of a Christian bishop in Sydney’s west.
The move, lawyers said, was unprecedented in nature and would likely have major ramifications for online publishing and the likelihood of future similar challenges to the regulator’s authority.
Federal Court of Australia Judge Geoffrey Kennett granted the eSafety Commissioner’s request for a temporary injunction late on Monday ordering X to hide content depicting the stabbing behind a notice.
That came after eSafety said the social media platform had not complied with its removal notice on 16 April, issued under the 2021 Online Safety Act. It said the notice only pertains to the video content, and not commentary, public debate or posts linked to it. Both parties' legal teams are now preparing for a Wednesday hearing on a further suppression order.
