Australia: eSafety Commissioner filed appeal against Administrative Review Tribunal decision over jurisdiction on X Corp terms of service alert

On 28 March 2025, the eSafety Commissioner appealed a decision by the Administrative Review Tribunal (ART)—which replaced the former Administrative Appeals Tribunal (AAT) on 14 October 2024 under the Administrative Review Tribunal Act 2024. The ART had ruled it could review eSafety’s decision to alert X Corp. about a potential breach of its terms of service. The Commissioner contends the ART overstepped its jurisdiction and made unsupported findings, arguing this could hinder regulators’ ability to informally flag policy-violating content to platforms. The appeal, to be heard by the Full Federal Court, aligns with Recommendation 14 of the Online Safety Act 2021 review, which supports eSafety’s collaborative approach.