eSafety ordered to investigate complaint regarding post criticizing primary school’s ‘Queer Club’
Future scrutiny may await the hundreds of alerts regarding content from the eSafety Commission, as per recent developments.
A directive from a tribunal requires Australia’s eSafety Commissioner, Julie Inman-Grant, to revisit a “complaint alert” pertaining to a post criticizing a “Queer Club” operating at a Melbourne primary school.
Activist Celine Baumgarten’s critical post about the school prompted a complaint to the eSafety Commission.
The Queer Club reportedly caters to students in years four to six.
During the tribunal proceedings, eSafety conceded that their investigation of the complaint did not meet the statutory preconditions for a takedown notice, even though they considered it offensive and potentially menacing or harassing.
Despite not reaching the threshold of “[intending] to cause serious harm,” eSafety still contacted the platform where the post was made to inform them that it violated their terms of service.
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Consequently, the post was made inaccessible to Australian viewers.
Upon learning about the block from the platform, Baumgarten enlisted the help of the Free Speech Union (FSU), which escalated the issue to the Administrative Review Tribunal.
eSafety Commissioner’s Argument Regarding ‘Alerts’
The eSafety commissioner told the Tribunal that their intention behind alerting the platform of a violations was merely to caution them about breaching terms of service, disputing any direct link to removal actions.
eSafety Commissioner Julie Inman Grant at a press conference at Parliament House in Canberra, Australia, June 15, 2021. AAP Image/Mick Tsikas
However, Tribunal Chair Justice Emilios Kyrou found this reasoning “not objectively plausible,” noting that eSafety’s language and actions resembled an official takedown order.
The judge also ruled that eSafety has a responsibility to assess the legality of issuing “complaint alerts,” a stance challenged by eSafety’s legal team.
The Tribunal has instructed Inman-Grant to review her decision in this case with the acknowledgment that X has already reinstated Baumgarten’s post, raising the question of whether the complainant must be informed of the outcome as they would be with a formal notice.
Implications of the Decision on Informal Alerts
The ruling holds consequences for the eSafety Commission, which admitted to issuing “a few hundred” informal alerts per year related to adult cyber-abuse material while only a handful of formal takedown notices were issued in the past year.
This decision equates every “complaint alert” with a legal review, potentially enabling authors of all communications subject to these alerts to seek redress as Baumgarten did.
The FSU informed the Epoch Times that appeals may arise following the outcome.
Reuben Kirkham, Co-director of the organization, explained, “If people become aware of the decisions, they can challenge them within 28 days. We are currently awaiting responses to our requests for statements of reasons, which are due next week. The commissioner has responded in some cases, stating she has no new information.”
Dr Reuben Kirkham co-director of the Australian Free Speech Union. Courtesy of the Free Speech Union
“As far as we know, the commissioner has not yet communicated any decisions to end users. We’re aware of instances where she concealed this information from users despite claiming it was a ‘formal notice.’
The decision could have far-reaching implications for other government agencies as it treats informal alerts from government bodies as formal notices, potentially affecting various issues, such as efforts to remove COVID-related content not coming directly from the eSafety commissioner’s office,” Kirkham speculated.
eSafety’s Response Regarding Working with Social Platforms
A spokesperson for the eSafety commissioner informed The Epoch Times that they acknowledge the tribunal’s classification of a complaint alert as a reviewable decision.
“Platforms often benefit from trusted individuals flagging possible breaches of their terms of service, simplifying regulatory processes for service providers compared to formal procedures.The recently released independent Statutory Review of the Online Safety Act 2021 recommends that eSafety maintain and clarify the practice of informally contacting platforms.
This method often results in quicker resolutions, particularly for individuals facing severe distress,” the spokesperson stated.
“We are evaluating the decision and cannot provide further commentary presently.”
