Australia: Issued Administrative Appeals Tribunal decision resolving proceedings brought by X Corp in relation to removal notice issued to it by eSafety Commissioner

On 11 October 2024, the Administrative Appeals Tribunal resolved the case initiated by X Corp regarding a removal notice issued by the eSafety commissioner under the Online Safety Act. The notice required X Corp to take reasonable steps to remove content showing a terrorist attack on a religious leader in Wakeley, New South Wales. Pursuant to the Administrative Appeals Tribunal’s decision, the eSafety Commissioner highlighted concerns about the spread of violent footage, citing the risk of imitation and potential harm to children. The Commissioner emphasised that given the time passed, there is no longer any news value that justifies keeping the material accessible. The Commissioner also stated that it awaits the Federal Government’s review of Australia’s online safety laws to test the interaction of the national classification scheme and the Online Safety Act.