Australia: eSafety Commissioner's lawsuit against X for failure to comply with transparency notice on addressing online child exploitation (No. 2026 FCA 629)

Progress

Current status
under investigation
21 May 2026 under investigation
31 Jul 2025 in force
04 Oct 2024 in force
09 Sep 2024 under deliberation
21 Dec 2023 under deliberation
03 Oct 2023 under investigation
22 Feb 2023 under deliberation

Scope

Implementers
Australia
Policy Area
Content moderation
Policy Instrument
Content moderation regulation
Regulated Economic Activity
platform intermediary: user-generated content
Government Branch
executive
judiciary
Government Body
court
other regulatory body
Implementation Level
national

Timeline of events

21 May 2026
under investigation

eSafety Commissioner imposed penalty of AUD 650,000 against X for failing to respond adequately on reporting child sexual exploitation and abuse material

On 21 May 2026, the Federal Court of Australia imposed a penalty of AUD 650’000 against X Corp for contravening the Online Safety Act 2021 by failing to respond adequately to a reporting notice on child sexual exploitation and abuse material. It was…

Event type investigation
Action type interim ruling
Government branch executive
Government body court
31 Jul 2025
in force

Federal Court issued ruling dismissing X Corp's appeal challenging an infringement notice issued by the eSafety Commissioner pertaining to child sexual exploitation and abuse material

On 31 July 2025, the Federal Court of Australia (Full Court) dismissed X Corp's appeal against an infringement notice issued by the eSafety Commissioner under the Online Safety Act 2021. The Court found that corporate mergers do not exempt social me…

Event type investigation
Action type ruling
Government branch judiciary
Government body court
04 Oct 2024
in force

eSafety Commissioner issued ruling in lawsuit against X for failure to comply with transparency notice on addressing online child exploitation

On 4 October 2024, the Federal Court of Australia delivered a ruling on a public lawsuit concerning X Corp's obligation to comply with a transparency notice under the Online Safety Act 2021. The notice, issued by the eSafety Commissioner, sought inf…

Event type investigation
Action type ruling
Government branch judiciary
Government body court
09 Sep 2024
under deliberation

eSafety Commissioner issued statement upholding transparency concerning child sexual abuse in public lawsuit against X Corp

On 9 September 2024, the eSafety Commissioner issued a statement aiming to uphold transparency around online child sexual abuse. The statement follows X Corp.’s court claim indicating it was not required to respond to the transparency notice issued …

Event type investigation
Action type opinion
Government branch executive
Government body other regulatory body
21 Dec 2023
under deliberation

eSafety Commissioner announced lawsuit against X for failure to comply with transparency notice on addressing online child exploitation

On 21 December 2023, the eSafety Commissioner of Australia announced its public lawsuit against X, formerly Twitter, for failing to comply with the February 2023 transparency notice. X Corp did not pay the AUD 610’500 fine levied by the Commissioner…

Event type investigation
Action type announcement
Government branch executive
Government body other regulatory body
03 Oct 2023
under investigation

eSafety Commissioner issued infringement notice to X Corp. for non-compliance with reporting notice in relation to child sexual exploitation and abuse material

On 3 October 2023, the Australian eSafety Commissioner issued an infringement notification to X Corp. (formerly Twitter Inc.) for failing to comply with a non-periodic reporting notice under section 56 of the Online Safety Act 2021. The notice, issu…

Event type investigation
Action type interim ruling
Government branch executive
Government body other regulatory body
22 Feb 2023
under deliberation

eSafety Commissioner issued reporting notice to Twitter on its implementation of the basic online safety expectations in relation to child sexual exploitation and abuse material

On 22 February 2023, the Australian eSafety Commissioner issued a reporting notice to Twitter Inc. under section 56(2) of the Online Safety Act 2021, requiring the company to report on its implementation of the Basic Online Safety Expectations conce…

Event type investigation
Action type announcement
Government branch executive
Government body other regulatory body