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
Category: Social Media
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
eSafety Commissioner v X Corporation
AAT settlement … Reform of the classification regime … The difficulty in classifying the Wakely church stabbing … Online material … Rosencrantz and Guildenstern Are Dead … Review of the Online Safety Act … Rob Nicholls comments … more
Criminalising online incitements
Riots in English cities fed by online misinformation about refugees … Policing and prosecution policies … Fast and furious processing of offenders … Online Safety Act grapples with new challenges … Increased policing of speech on tech platforms … Hugh Vuillier reports from London … more
eSafety Commissioner v X Corp
Federal Court … eSafety Commissioner Julie Inman Grant withdraws Federal Court proceedings against X Corp … Sought to enforce removal notice of posts featuring knife attack on Assyrian bishop … Will consolidate merits review in AAT … Courts Editor Stephen Murray reports … more
Australian Muslim Advocacy Network Ltd v Twitter Australia Holdings Pty Limited & Anor
Queensland Civil and Administrative Tribunal … Tribunal rules it has jurisdiction to hear religious vilification complaint against X Corp … Conduct has occurred in Queensland that might amount to a breach of the Anti-Discrimination Act … Act has no extraterritorial reach … Courts Editor Stephen Murray reports … more