In a significant move, Australia's eSafety Commission has taken legal action against social media platform X, demanding the global removal of 65 video and audio clips showcasing a violent stabbing incident in Sydney. This case tests the boundaries of X's legal responsibilities and the effectiveness of geoblocking as a content restriction tool.
On Friday, lawyers representing the eSafety Commission appeared before the Federal Court, arguing that X had failed to take all reasonable steps to eliminate the disturbing content related to the knife attack on Assyrian Bishop Mar Mari Emmanuel. Despite issuing several take-down notices, the commission claims that X only restricted access to these videos within Australia, allowing them to remain accessible worldwide.
Tim Begbie, representing the commission, highlighted the limitations of geoblocking. \"If, truly, the only step you can take, because of how you have set up your systems and policies, is global removal, then that is a reasonable step,\" Begbie stated. He pointed out that many Australians use virtual private networks (VPNs) to bypass regional restrictions, undermining X's efforts to contain the spread of the violent content.
Begbie emphasized that the case is not about free speech but about whether the graphic material violates Australia's Online Safety Act. He argued that the law grants the commission the authority to protect the public from illegal and harmful content, making X's partial removal efforts insufficient.
Elon Musk, the owner of X, has previously contested the jurisdiction of the eSafety Commission, asserting that a global ban exceeds the commission's authority. In response, Bret Walker, a lawyer for X, contended that the take-down order was narrowly focused on Australian access and that the commission did not adequately assess whether the stabbing video met the criteria for removal.
Justice Geoffrey Kennett has extended the court's order, requiring X to block the attack videos until next week, when the matter of global removal will be further deliberated. This decision underscores the ongoing tension between social media platforms and regulatory bodies striving to enforce online safety standards.
Bishop Mar Mari Emmanuel, the victim of the stabbing, has fortunately recovered and supports the efforts to remove the violent content. The incident, which occurred during an April 15 service, was swiftly classified as a terrorist act by authorities.
Reference(s):
cgtn.com