Australian Court Determines Internet Censorship Authority Cannot Block Overseas Content
The judge determined that attempting to impose a global ban on the dissemination of a video on X would constitute an overreach by local authorities.
The Federal Court has affirmed that the eSafety Commissioner, Julie Inman Grant, lacks the authority to block content outside of Australia.
The commissioner had requested an interim injunction against X Corp to prevent the spread of an 11-second video depicting the stabbing of Bishop Mar Mari Emmanuel at the Assyrian Christ the Good Shepherd Church in Wakeley, western Sydney, on April 15.
In his decision, Justice Geoffrey Kennett emphasized that the eSafety order would have a “global effect on the operations of X Corp, including operations unrelated to Australia. This would impact millions of individuals uninvolved in the legal proceedings.”
Therefore, the commissioner’s actions were deemed “unreasonable,” even if required by law.
Extending the injunction would necessitate “strong prospects of success, compelling evidence of potential harm without the order, and a valid reason to believe in its effectiveness,” according to Justice Kennett.
He also noted that the video could be accessed on internet platforms other than X, raising doubts about the efficacy of singling out one platform for an injunction.
Enforcing a ban beyond Australian borders would violate the principle of comity among nations.
The ruling leaves geo-blocking as the sole appropriate method for the commissioner to regulate internet content, as it can easily be circumvented using a VPN.
It is anticipated that the ruling will impact X Corp’s case against Ms. Inman Grant and may influence similar cases in other countries with legal systems based on common law.
The decision raises concerns about freedom of expression in Australia, with the court’s focus on interpreting the removal notice’s legal implications within the Act under which it was issued.
The Free Speech Union of Australia criticized the application for the injunction, calling the eSafety commissioner’s behavior overly activist.
The judge also upheld suppression orders on disclosing specific details related to the case.
After the ruling, Elon Musk, the owner of X Corp, voiced his support for free speech rights in Australia.
