X Corp. and eSafety Commissioner decision by the Administrative Review Tribunal of Australia

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• brisk@aussie.zone ⁨3⁩ ⁨weeks⁩ ago

  Introduction for some context

  The applications before this tribunal have their origin in a social media post insulting Teddy Cook, a transgender man. The post, which among other things refers to Teddy Cook as a woman, has been blocked in Australia as a result of action by the online safety regulator. The person who posted the material and the platform on which it was posted have both challenged the decision of the regulator to issue a removal notice. The broad question to be answered is whether the post meets the statutory definition of cyber-abuse material targeted at an Australian adult. The more focussed question is whether I can be satisfied that the necessary intention to cause serious harm to the subject of the post has been established. Based on the evidence before me, I am not satisfied that it has. Consequently, the decision of the eSafety Commissioner to issue a removal notice is set aside

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