eSafety v X: Global Content Ban, Not Reasonable, By Ian Wilson LL. B

 The Federal court has delivered a judgment in eSafety Commissioner v 'X' corporation NSDNSD474/2024: https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/cases-of-interest, where it has been held that the request by Australia's eSafety Commissioner to extend the previous injunction to enact a global ban on the Wakeley stabbing of a priest by a terrorist, was refused. While accepting that X took reasonable actions to block viewing of the stabbing, the global ban was not reasonable. Section 48 stated: "The argument that making the 65 URLs inaccessible to all users of X Corp's platform everywhere in the world is not a step that is "reasonable" to require X Corp to perform in order to ensure that the URLs are inaccessible to Australian users (and therefore is not a step required by the removal notice) is powerful."

Yes, technically correct, but there is no fundamental penetrating issue here about the jurisprudence of global internet censorship imposed by one nation, only that the US would be unlikely to enforce the Australian law, and not for that matter the free speech issues underlying it all, including the bans in Australia. But it is to be expected as courts usually take the minimalist approach to get a decision, and the big issues are seldom addressed.

But, given these limitations, overall, a positive outcome.

 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Tuesday, 21 May 2024

Captcha Image