eSafety Commissioner v Rotondo (No 3) [2023] FCA 1590

eSafety Commissioner v Rotondo (No 3) [2023] FCA 1590

The respondent deliberately and contumaciously breached the orders of Thomas J by failing to take reasonable steps to remove intimate images from MrDeepFakes.com, by emailing an intimate image to the Commissioner and 49 others, and by publishing the orders, confidential schedule and affidavit contrary to the non-publication order. The contempt was objectively serious and undermined the Court's protection of the depicted persons, but imprisonment was not imposed because the respondent admitted the contempt, co-operated in enabling removal of the offending material, saved time and costs, and had no proven history of contempt. Applying deterrence, denunciation, mitigation and totality, fines...

Jurisdiction
Australia
Judgment Date
06 December 2023
Procedural Posture
Application Pursuant to Div 42.2 of the Federal Court Rules 2011 (cth) for Punishment for Contempt of Orders of the Federal Court of Australia in Civil Penalty Proceedings Under the Online Safety Act 2021 (cth) / Penalty After Respondent Admitted Contempt
Outcome
Respondent found to have committed contempt of court on each charge; fines imposed and indemnity costs ordered.
Legal Topics
['civil Contempt' 'penalty for Disobedience of Court Orders' 'removal of Intimate Images From the Internet' 'suppression and Non Publication of Confidential Material' 'indemnity Costs']
['contempt of Court' 'online Safety Regulation' 'civil Penalties' 'federal Court Procedure'] ['civil Contempt' 'penalty for Disobedience of Court Orders' 'removal of Intimate Images From the Internet' 'suppression and Non Publication of Confidential Material' 'indemnity Costs']

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Procedural Posture

Application Pursuant to Div 42.2 of the Federal Court Rules 2011 (cth) for Punishment for Contempt of Orders of the Federal Court of Australia in Civil Penalty Proceedings Under the Online Safety Act 2021 (cth) / Penalty After Respondent Admitted Contempt

Legal Issues

  1. 1 ["What penalty should be imposed for the respondent's admitted contempt of the orders made by Thomas J on 20 October 2023." "Whether fines and indemnity costs were appropriate for the respondent's failures to remove intimate images, his posting of an intimate image, and his publication of confidential court material."]

Ratio Decidendi

The respondent deliberately and contumaciously breached the orders of Thomas J by failing to take reasonable steps to remove intimate images from MrDeepFakes.com, by emailing an intimate image to the Commissioner and 49 others, and by publishing the orders, confidential schedule and affidavit contrary to the non-publication order. The contempt was objectively serious and undermined the Court's protection of the depicted persons, but imprisonment was not imposed because the respondent admitted the contempt, co-operated in enabling removal of the offending material, saved time and costs, and had no proven history of contempt. Applying deterrence, denunciation, mitigation and totality, fines...

Court Disposition

Respondent found to have committed contempt of court on each charge; fines imposed and indemnity costs ordered.

Orders

  • ['In respect of charge 1 of the statement of charge issued by Justice Rangiah on 27 October 2023, the respondent, Anthony Rotondo, is to pay to the Commonwealth of Australia a fine of $5,000.00.' 'In respect of charge 2 of the statement of charge issued by Justice Rangiah on 27 October 2023, the respondent, Anthony...