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Media statement: Federal Court order

eSafety 2 mins read

eSafety statement: 24 April, 2024

Please attribute to a spokesperson for the eSafety Commissioner:

The Federal Court today granted a further interim injunction requiring X Corp to immediately hide Class 1 material on X that was subject to eSafety’s removal notice of 16 April, 2024. This will remain in effect until 5pm on 10 May, 2024. A further court hearing is due to take place at 10:30am on 10 May 2024.

In summary, eSafety’s removal notice to X Corp required it to take all reasonable steps to ensure the removal of the extreme violent video material of the alleged terrorist act at Wakeley in Sydney on 15 April. The removal notice identified specific URLs where the material was located.

Under the Online Safety Act, the Court is empowered to impose a civil penalty for non-compliance with a removal notice. The maximum penalty for a body corporate is $782,500 for each day the non-compliance occurs.

The removal notice given to X Corp does not relate to commentary, public debate or other posts about this event, even those which may link to extreme violent content. It only concerns the video of the violent stabbing attack at a church in Wakeley on Friday.

Federal Court judgments, hearing details and information about accessing Court documents are available from the Court: Federal Court of Australia (fedcourt.gov.au) The matter is being heard in NSW.

eSafety expects that platforms providing online services to Australians comply with Australian law and do everything practical and reasonable to minimise the harm of extreme violent video to our citizens and community.

eSafety continues to engage with a range of platforms and services in response to the spread of this material and overall is satisfied with the industry's level of compliance.

However, eSafety will continue to exercise its powers under the Online Safety Act in cases where compliance does not occur, ensuring Australians are protected where possible from extreme violent and other Class 1 material, such as child sexual exploitation material.

Information about what constitutes Class 1 material under the Act can be found here: Illegal and restricted online content | eSafety Commissioner

eSafety has a range of enforcement options for non-compliance with a Class 1 removal notice under the Act, outlined in the regulatory guidance for the Online Content Scheme.

We encourage people to report the video of the violent stabbing attack in the first instance to the platform where it appears. This is often the fastest means to have this content removed. If a platform fails to act, please report to eSafety.gov.au/report.

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