Australian authorities are urging X, formerly known as Twitter, to remove globally all posts containing footage of a stabbing incident in Sydney, highlighting a significant test of social media platforms’ legal responsibilities and the effectiveness of geoblocking measures.
The eSafety Commission, Australia’s online safety regulator, told the Federal Court on Friday that X had not taken all reasonable steps to eliminate 65 video and audio clips depicting an attack on an Assyrian bishop. While X has restricted access to the content within Australia, the commission argues that the videos remain accessible to Australians using virtual private networks (VPNs), which can mask a user’s location.
Tim Begbie, representing the commission, stated, “If 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.” He emphasized that a significant portion of Australians—about a quarter—use VPNs, rendering geoblocking ineffective in fully restricting access to the prohibited content.
The case centers around whether X has complied with Australia’s Online Safety Act, which empowers the commission to demand the removal of illegal material, including terrorism-related content. The commission asserts that X’s refusal to remove the content globally undermines the law’s intent to protect the public from restricted material.
Bishop Mar Mari Emmanuel was reportedly attacked on April 15 during a service, suffering slashes to his head and chest. A 16-year-old suspect was swiftly apprehended, and the incident was deemed a terrorist act by police. Despite his ordeal, the bishop has expressed support for the distribution of the video.
Bret Walker, the lawyer representing X, argued that the take-down order should pertain only to access within Australia. He questioned whether the video met the threshold for removal under the act, comparing the footage to depictions of violence in war movies, which do not automatically warrant censorship. Walker suggested that the commission did not adequately consider these factors when issuing the removal notices, potentially invalidating the orders.
Justice Geoffrey Kennett extended the court’s order requiring X to continue blocking the attack videos until the following week, when the issue of global removal would likely be further examined.
Elon Musk, the owner of X, has previously stated that a global ban exceeds the powers granted to the eSafety Commission, setting the stage for a legal confrontation over the extent of national regulatory authority over global social media platforms.
Reference(s):
cgtn.com