eSafety Commissioner v X Corp [2024] FCA 499

eSafety Commissioner v X Corp [2024] FCA 499

The injunction sought by the Commissioner requiring X Corp to make the material inaccessible globally goes beyond what is required as 'all reasonable steps' under s 109 of the Online Safety Act 2021 (Cth), as properly construed in light of statutory context and the principle of comity of nations; the Commissioner has not established a prima facie case for such final relief and therefore extension of the interlocutory injunction is refused.

Jurisdiction
Australia
Judgment Date
13 May 2024
Procedural Posture
Application for Injunction and Related Orders / Interlocutory Application – Extension of Interim Injunction
Outcome
Application to extend the interlocutory injunction refused
Legal Topics
['online Safety' 'interlocutory Injunctions' 'suppression Orders' 'jurisdictional Error' 'statutory Interpretation' 'enforcement of Regulatory Notices']
['practice and Procedure' 'administrative Law' 'regulatory Law' 'injunctions'] ['online Safety' 'interlocutory Injunctions' 'suppression Orders' 'jurisdictional Error' 'statutory Interpretation' 'enforcement of Regulatory Notices']

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Procedural Posture

Application for Injunction and Related Orders / Interlocutory Application – Extension of Interim Injunction

Legal Issues

  1. 1 ['Whether the removal notice issued by the eSafety Commissioner under s 109 of the Online Safety Act 2021 (Cth) is valid' 'Whether the interim injunction requiring X Corp to comply with the removal notice should be extended' "Whether 'all reasonable steps' under s 109 requires X Corp to globally block or remove the content" 'How the comity of nations affects the interpretation and enforcement of the notice' 'Whether the suppression orders are justified']

Ratio Decidendi

The injunction sought by the Commissioner requiring X Corp to make the material inaccessible globally goes beyond what is required as 'all reasonable steps' under s 109 of the Online Safety Act 2021 (Cth), as properly construed in light of statutory context and the principle of comity of nations; the Commissioner has not established a prima facie case for such final relief and therefore extension of the interlocutory injunction is refused.

Court Disposition

Application to extend the interlocutory injunction refused

Orders

  • ['The application to extend the interlocutory injunction granted on 22 April 2024 (as extended on 24 April 2024) is refused.' 'Costs of the application are reserved.' 'Previous suppression orders remain in effect as outlined in judgment.']