🗞️X Corp Hit with Interim Injunction Over Video

person holding black smartphone

The Federal Court issued a new interim injunction today ordering X Corp to immediately hide Class 1 material subject to eSafety's 16 April 2024 removal notice. This lasts until 5pm on 10 May 2024. Another court hearing is scheduled for 10:30am on 10 May 2024. In summary, eSafety's removal notice to X Corp required it to take all reasonable steps to remove the extreme violent video of the alleged terrorist act at Wakeley in Sydney on 15 April. URLs with the material were listed in the removal notice. If a removal notice is ignored, the Court can impose a civil penalty under the Online Safety Act. A body corporate can be fined $782,500 per day of noncompliance. The removal notice to X Corp does not apply to commentary, public debate, or other posts about this event, even those with extreme violent content. Only the Wakeley church stabbing video from Friday is relevant.

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According to the esafety Commissioner spokesperson , 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.

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.

In a case management hearing this afternoon, X's attorney Marcus Hoyne informed the federal court that X would have to present a substantial amount of documentation regarding the 65 tweets that eSafety ordered removed following Bishop Mar Mari Emmanuel's stabbing at a Wakeley church last week. Hoyne said that X had an affidavit from the bishop stating that the video ought to be made public. Additionally, he stated that the case was "above his paygrade" and that X was contacting attorney Bret Walker SC about it.

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