X signals new eSafety legal fight over post removal notice
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The news: X has signalled its intention to file a legal challenge against a removal notice from Australia's eSafety Commissioner linked to a post criticising transgender issues expert Teddy Cook.
The context: Cook was appointed by the World Health Organization to advise the UN body on guidelines on the health of trans and gender diverse people.
In a post from its Global Government Affairs account, X said it is withholding the post in Australia "in compliance with the order but intends to file a legal challenge to the order to protect its user's right to free speech".
The legal challenge could be filed to the Commonwealth Ombudsman, Administrative Appeals Tribunal, or Federal Court of Australia.
X can be issued with an infringement notice of $800,000 if the eSafety Commissioner concludes the social media company's removal of the content in Australia, but not the rest of the world, is insufficient to meet the requirements of the regulator's removal notice.
No such infringement notice has been issued to date.
The eSafety Commissioner is already in court with X over the company's alleged non-compliance with the Online Safety Act, for which it issued the company with a $610,000 fine last year, which the company refused to pay. The failure to pay triggered the regulator's civil penalty proceedings. The company has taken parallel legal action against the regulator to seek a judicial review of the non compliance.
What they said: "The term, 'adult cyber abuse’ is reserved for the most severely abusive material intended to cause serious psychological or physical harm," an eSafety Commissioner spokesperson said on Australian online safety laws.
"This would include material which sets out realistic threats, places people in real danger, is excessively malicious or is unrelenting. eSafety may consider context and material collectively when assessing its overall seriousness.
“Importantly, the adult cyber abuse scheme does not regulate hurt feelings, purely reputational damage, bad online reviews, strong opinions or banter."
The sources: X, eSafety Commissioner
