Sep 9, 2024, 12:00 AM
Sep 9, 2024, 12:00 AM

Australia’s eSafety commissioner challenges X over child abuse material

Provocative
Highlights
  • X Corp is contesting a fine from the eSafety commissioner for failing to respond to a notice about child sexual abuse material.
  • The case raises questions about the responsibilities of companies that cease to exist under the Online Safety Act.
  • The outcome may influence future regulations and accountability measures for online platforms in Australia.
Story

In a significant legal case, X Corp, which emerged from the merger with Twitter in March 2023, is challenging a $610,500 fine imposed by Australia’s eSafety commissioner, Julie Inman Grant. The fine was issued due to the company's failure to adequately respond to a notice regarding its efforts to combat child sexual abuse material on its platform. The notice was originally directed to Twitter Inc., raising questions about the responsibility for compliance after the company's transition to X Corp. During the federal court hearings, X's legal counsel argued that the Online Safety Act does not clarify the responsibilities of an entity that has ceased to exist, suggesting that the original notice should not apply to X Corp. This argument highlights a potential gap in the legislation concerning the accountability of merged or restructured companies. The eSafety commissioner had previously issued multiple notices to various platforms, including X, to ensure compliance with online safety standards. Inman Grant has emphasized the importance of these notices in holding platforms accountable for their role in protecting children online. The ongoing legal battle is part of a broader scrutiny of X's compliance with Australian online safety regulations. As the Albanese Labor government reviews the Online Safety Act, the outcome of this case could have significant implications for how online platforms are regulated in Australia, particularly regarding their responsibilities in preventing child exploitation and abuse material on their services.

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