Australia: 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

Description

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 media service providers or other foreign corporations operating in Australia from regulatory obligations. It concluded that X Corp was required to respond to a transparency notice originally issued to Twitter Inc in February 2023, which requested information about measures to address child sexual exploitation and abuse material on the platform. The judgment confirmed that X Corp assumed Twitter Inc’s obligations under the Online Safety Act 2021, including the duty to provide information about its child safety policies and procedures. The Court also ordered X Corp to pay costs.

Original source

Scope

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

Complete timeline of this policy change

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2023-12-21
under deliberation

On 21 December 2023, the eSafety Commissioner of Australia announced its public lawsuit against X, …

2024-09-09
under deliberation

On 9 September 2024, the eSafety Commissioner issued a statement aiming to uphold transparency arou…

2024-10-04
in force

On 4 October 2024, the Federal Court of Australia delivered a ruling on a public lawsuit concerning…

2025-07-31
in force

On 31 July 2025, the Federal Court of Australia (Full Court) dismissed X Corp's appeal against an i…