"X Corp in Legal Tussle for Evasion of Online Safety Act Compliance: eSafety Takes Charge"

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In response to X Corp.'s alleged noncompliance with a non-periodic reporting notice (a "transparency notice") given in February 2023 under the Online Safety Act, eSafety has initiated civil penalty proceedings against it in the Federal Court today.

Information regarding the provider's compliance with the Basic Online Safety Expectations regarding child sexual exploitation and abuse content and activity on Twitter (later renamed 'X') was demanded by the transparency notice.

X Corp. is accused by eSafety of not adhering to the notice. eSafety specifically claims that X Corp. did not prepare a report in the manner and form required because it did not answer some of the notice's questions honestly and accurately, or it did not respond at all.

It's critical that X Corp. and other suppliers are discouraged from disregarding statutory notice obligations.

In September 2023, X Corp. received a $610,500 infringement notice from eSafety for not adhering to the notice.

X Corp. neglected to pay the notice of infringement. The reliance of eSafety on the transparency notice, the service provider notification, and the infringement notice has been subject to a request for judicial review.

To prevent delays in either process, eSafety is asking that the judicial review be heard concurrently with the civil penalty proceedings.

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