Online safety dispute cracks policy ‘consensus’

A legal dispute over global jurisdiction for online content removal creates a policy gap between AU Government and Opposition.

David Kennedy · Venture Insights26 April 2024Period: April 20244 min read

2-day→

Provisional injunction granted by courts against X (April 2024)

2021→

Year the Online Safety Act was established (2021)

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Abstract

This report analyses the escalating legal and political dispute between the Australian eSafety Commission and X (formerly Twitter) regarding global content removal notices. Following a violent incident in Sydney, the Commission issued a notice to remove graphic video globally, a move X has challenged in court. The brief highlights how this case has fractured the previous bipartisan consensus on online safety, with the Opposition now questioning the feasibility of Australia acting as a global 'internet police'.

Key Takeaways

A legal dispute between the eSafety Commission and X is testing the global reach of the Online Safety Act 2021.
X has challenged the Commission's jurisdiction by only geo-blocking content in Australia rather than deleting it globally.
The Federal Court has granted a provisional two-day injunction requiring X to block the content globally pending review.

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Frequently Asked Questions

This case represents the first time a major platform has formally challenged the global reach of the Online Safety Act established in 2021. While the regulator demands global content removal, 1 platform is currently contesting this jurisdiction, arguing that local geo-blocking should suffice.

The Federal Court granted a provisional 2-day injunction in April 2024, forcing the platform to hide the content from all users worldwide. This temporary measure overrides the platform's preference for local-only restrictions while the court reviews the Commission's authority.

The court's decision will determine the enforcement strength of the Government's upcoming Misinformation and Disinformation bill. A failure to uphold the 2021 Act's global reach would significantly weaken the proposed regulatory framework for digital service providers.

The eSafety Commission argues that local geo-blocking is ineffective because VPNs allow Australian users to easily circumvent regional restrictions. This dispute has ended the bipartisan consensus that had existed since 2021, as the Opposition now questions the feasibility of Australia acting as a global internet regulator.

Online safety dispute cracks policy ‘consensus’

Abstract

Key Takeaways

Frequently Asked Questions

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