Federal Court of Australia … X Corp has win against eSafety Commissioner … X Corp sought declaration it was not covered by electronic services standard as it was covered by social media services code … eSafety Commissioner argued this would allow industry participants to self select sector … Justice Raper says entities defined by legislation … Declares X a social media platform … Editor Stephen Murray reports … more
Category: Social Media
eSafety Commissioner v X Corp (Civil Penalty)
Federal Court of Australia … eSafety Commissioner and X Corp agree on penalty of $650,000 for non-compliance with reporting requirements … Follows delay in reporting of processes for identifying and removing child exploitation material … Parties agree on non-compliance and mitigating factors … Justice Wheelahan agrees to orders on declaration and penalties … Editor Stephen Murray reports … more
Social Media Ban: The Impact On Young People’s News Engagement
Western Sydney University, Queensland University of Technology and University of Canberra … Research on news consumption habits of 10 to 17 year olds … News sources reduced in wake of social media ban for under 16 year olds … Around a quarter of young people report ban has had a significant impact on social media use … Editor Stephen Murray reports … more
Compliance reporting for social media minimum age obligations
Minister for Communications and eSafety Commissioner … Compliance reporting for ban on social media for under 16s … Five platforms under investigation … Children still accessing social media despite ban … Repeated use of age assurance systems … Difficulties in enforcement … Editor Stephen Murray reports … more
Alon Cassuto v Mary Kostakidis
Federal Court of Australia … Former SBS newsreader Mary Kostakidis files defence to racial vilification claim brought against her by Zionist Federation of Australia CEO, Alon Cassuto … Claims action is vexatious, brought in bad faith, and aimed at undermining and discrediting her … Says X posts were fair comment and fair and accurate report … Editor Stephen Murray reports … more
Cassuto v Kostakidis
Federal Court of Australia … Former SBS newsreader Mary Kostakidis fails in bid to strike out entirety of claim brought by Jewish leader … Allegation two X posts racially vilified Jewish people and Israeli citizens in Australia … Failure to establish claim did not disclose a reasonable cause of action … Paragraphs struck out with leave to file an amended claim … Editor Stephen Murray reports … more
Wertheim v Haddad (No 2)
Federal Court of Australia … Muslim community leader required to pin and feature corrective notices to Facebook and Instagram … Follows finding he racially vilified the Jewish community in lectures featured on social media … Not unduly onerous or burdensome to promote notices for thirty days … Editor Stephen Murray reports … more
X Corp. and eSafety Commissioner
Administrative Review Tribunal … X Corp and anti-trans campaigner succeed in challenge to removal notice from eSafety Commissioner … Followed campaigner’s post misgendering and insulting trans man … Concept of ordinary reasonable person considered … Intention element addressed … Post not targeted at complainant … Editor Stephen Murray reports … more
Wertheim v Haddad
Federal Court of Australia … Islamic preacher and teacher ordered to take down inflammatory lectures from social media … Follows ruling that the lectures racially vilified Jews … Defences of public interest, implied freedom of political communication and free exercise of religion rejected … Corrective notice to be published … Editor Stephen Murray reports … more
Baumgarten and eSafety Commissioner (Guidance and Appeals Panel)
Administrative Review Tribunal … Tribunal asserts jurisdiction over eSafety Commissioner’s practice of issuing complaint alerts to internet service providers … Practice adopted where no basis for formal power to issue removal notices … eSafety Commissioner contested jurisdiction as no power had been exercised … Courts Editor Stephen Murray reports … more
Faruqi v Hanson
Federal Court of Australia … Senator Pauline Hanson flags appeal against decision she racially discriminated against Greens Senator Mehreen Faruqi … Says she is disappointed by decision … Faruqi welcomes decision, says it draws a line that hate speech is not free speech … Courts Editor Stephen Murray reports … more
Faruqi v Hanson
Federal Court of Australia … Court finds that Senator Pauline Hanson breached s.18C of the Racial Discrimination Act over tweet … Senator Mehreen Faruqi claimed tweet targeted her as an immigrant, person of colour and Muslim … Defence of fair comment rejected … Implied freedom of political communication considered … Courts Editor Stephen Murray reports … more