High Court rejects X appeal against notice to explain sharing of child abuse material
Three federal judges on Thursday unanimously rejected X's appeal against a federal court decision made in October last year that the company was obliged to respond to the notice, which demanded details on how the Elon Musk-owned company was combating widespread child exploitation material.
The tech company was also ordered to pay the commissioner's legal costs. Ms Inman Grant's office describes itself as the world's first government agency dedicated to keeping people safe online.
The commissioner has also driven world-first legislation that will ban Australian children younger than 16 from social media platforms, including X, from December.
The federal court case dates back to early 2023, when Ms Inman Grant asked some of the world's largest technology companies to report on what they were doing about child abuse material appearing on their platforms.
A reporting notice, issued under Australia's Online Safety Act, was sent to Twitter in February that year.
Twitter then merged with X the following month.
Arguments presented to the court by X Corp against complying with the order included that Twitter no longer existed as a legal entity and that X did not carry its predecessor's regulatory obligations in Australia.
Ms Inman Grant, a former Twitter employee, welcomed the ruling on Thursday.
"This judgement confirms the obligations to comply with Australian regulations still apply, regardless of a foreign company's merger with another foreign company," she said in a statement.
She said her agency would continue enforcing the Online Safety Act and "holding all tech companies to account without fear or favour, ensuring they comply with the laws of Australia."
A lawyer representing X, Justin Quill, said he had not yet read the appeals court judges' reasons and could not comment on the possibility of a High Court appeal.
The High Court only hears around 10 per cent of appeal applications, so the federal court full-bench decision could be final in X's case.
X's media office did not immediately respond to an email request for comment on Thursday.
In 2023, Ms Inman Grant's office fined X $610,500 for failing to fully explain how it tackled child exploitation content. X's response was considered incomplete or misleading.
X refused to pay, and the penalty is the subject of a separate and ongoing federal court case.
AP
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
ABC News
an hour ago
- ABC News
Silence over Marinus Link deal defended, but it could cost Liberals government
The business case for Tasmania's biggest ever infrastructure project details significant power price increases for industrial businesses and warnings that the government may be exposed to "very significant" financial risk in the future. But it also says proceeding now "maximises the opportunities from the state's natural competitive advantages in renewable energy, improves energy security and increases economic growth". The state was signed up to Marinus Link on Thursday night by the Liberal government, which is governing in caretaker mode, and which promised — but failed — to release the business case beforehand. The project is a proposed multi-billion-dollar undersea cable connecting Tasmania and Victoria, designed to futureproof energy and communications needs on both sides of Bass Strait. Tasmanian Energy Minister Nick Duigan signed the deal on Thursday night and he and Premier Jeremy Rockliff announced it in Burnie as a summary of the whole-of-state business case was made public. A decade in the making with the federal and Victorian governments, and signed as crossbench MPs and the Labor opposition cried foul about secrecy, it can now be seen by the public. Mr Duigan said the silence was necessary during the negotiations to ensure the government did not "trade away Tasmania's advantage". Mr Rockliff said the deal that had been struck was "a bloody good deal for Tasmania". "We're not going to show our hand and give away Tasmania's best interests," he said. He said the state's portion of the investment was capped at $103 million, for 17.7 per cent of the project equity, which can be sold back to the federal government once the project is completed. Mr Duigan said the deal negotiated in recent weeks with the federal government included a $346 million GST-free grant to develop the north-west transmission lines that would feed power to the Marinus Link, which would deliver a "substantial benefit to customers". However, he could not detail how that would affect the average Tasmanian household energy bill. He did say the "typical household" would see an annual power price reduction of between $25 and $34, before the figures in the new deal were included. Mr Duigan could not put a number on how the new deal would affect household power bills, but he expected them to be "somewhat better" off. A 25-page executive summary was published by the Treasury department shortly before Mr Duigan and Mr Rockliff made their announcement. Mr Duigan said the full business case — which is about 400 pages long — was still being worked through by Treasury, which he said needed to redact certain information that was not Tasmania's to publish. The executive summary does detail how Marinus Link would affect electricity bills through the cost of building new transmission infrastructure, and wholesale energy costs. "Future government policy on the Tasmanian regulatory framework and customer rebates, together with decisions of the Tasmanian Economic Regulator, will be critical in determining the final electricity bill outcome for Tasmanian customers," the report reads. Although Mr Duigan has claimed lower power prices for households and small businesses, the report details "very large increases" for the state's major industrials — which include Bell Bay Aluminium, the Nyrstar zinc smelter and the Boyer paper mill. Together, the major industrials would see their prices rise about $20 million in the years beyond 2030 with construction of Marinus, compared with the past financial year. That is an increase of about 45 per cent on their combined spend of $42 million in 2024-25, and would come at a time "when there appears to be a range of pressures building on major industry nationwide". Mr Rockliff said the project would provide an extra $470 million to the state's bottom line each year, in the form of Hydro Tasmania's trade in electricity. He said this would allow for greater investment each year in the state's schools, hospitals and roads, and said it would create more than 2,000 jobs in the state. But the business case notes further costs and the possibility of significant risk if the project does not proceed as smoothly as is hoped. More than $100 million in equity contributions to the Marinus Link company after the final investment decision (FID) "may be required", which would need to be considered in this year's budget. And the governments involved are exposed to "increasing financial risks and potentially very significant additional equity calls" if environmental or planning approvals are not achieved. "The previously agreed sole underwriting of such risks by the Australian government fall away once notices-to-proceed are made to suppliers subsequent to a positive FID in the third quarter of 2025," the business case reads. It also notes that Hydro Tasmania would face "increased competition" in the renewable energy space in the future, which may affect its potential revenue opportunities. Tasmanian Chamber of Commerce and Industry chief executive Michael Bailey welcomed the news the deal had been signed and said it would be "a pivotal moment" for the state. "Tasmania's energy generation isn't keeping up with demand. "Marinus Link will underpin new generation projects and help grow the economy and support businesses around the state that need more energy," Mr Bailey said. The Tasmanian end of the undersea cable will be in Burnie. The city's mayor, Teeny Brumby, said it was a "catalytic" moment. "It unlocks unprecedented economic, environmental and social benefits for our region," Councillor Brumby said. The announcement was also welcomed by Hydro Tasmania and the Marinus Link company, as well as by the state's telecommunications advocacy group, TasICT. However, the announcement also signalled the end of independent Braddon MP Craig Garland's potential support of a future Liberal government. Long outspoken against Marinus, Mr Garland said he now believed only Labor could deliver stable government for Tasmania. For his part, Labor leader Dean Winter said Tasmanians "won't have confidence" in Marinus until all relevant information is released, and said the Liberals had been "needlessly secretive". But Mr Rockliff said he would stand by Marinus, even if it cost him his job.
ABC News
2 hours ago
- ABC News
Red tape cut for farmers looking to build small on-farm abattoirs in Victoria
The Victorian government will change the state planning rules for micro abattoirs, allowing farmers to fast-track the construction of small processing facilities on their properties. On Thursday, the Victorian government tabled its response to the inquiry into the food security in Victoria report. The inquiry, which delivered its report in November, found demand for fresh fruit and vegetables was increasing as the state's population grew, and urban encroachment into farmland was making it difficult and expensive to grow food close to Victorian cities. The report made 33 recommendations and, in its response, the Victorian government said it would support in full or in part 29 of the recommendations, including the suggestion that it should be easier for small producers to access kill facilities for livestock. Small producers have faced limited options for processing their animals after large, often foreign-owned, abattoirs stopped taking small orders. In its response, the Victorian government said it would amend its planning provisions "to make it easier to establish micro abattoirs in appropriate rural and regional areas". This will mean that on most rural and agriculture-zoned land, small abattoirs will not require a planning permit. Those abattoirs will still be subject to health and environmental laws, with the Environmental Protection Authority and Victorian meat regulator Primesafe sign-off needed. Central Victoria farmer and spokesperson for the Australian Food Sovereignty Alliance Tammi Jonas said it had taken her several years to get the planning permits for her micro abattoir, but the change would substantially lower the red tape. She said the facilities were important for small businesses like hers that did not process large numbers of animals to supply farmers' markets, local cafes and restaurants. Chinese-owned abattoir Kilcoy Global Foods stopped taking small orders last year, forcing Ms Jonas to drive more than three hours to get her animals processed. "It's going to be a massive relief for everyone to hear that we won this because the access has been diminishing rapidly across Australia, not only in Victoria," Ms Jonas said. She said small-scale abattoirs on farms could provide better welfare outcomes for animals, with less travel and stress on livestock prior to processing. Ms Jonas said she knew of at least six similar small abattoir projects that, once the changes were made by the Victorian government, would face minimal planning processes. Ms Jones said she thought other states should follow suit. A Victorian government spokesperson said they hoped to make the planning amendments by the end of the year. "Micro abattoirs will soon be treated as part of a full range of farming activities on those located in farming, rural activity, and green wedge zones — this aligns with the way boning rooms on farms are already treated," the spokesperson said. "This will make it easier for small-scale producers to control their whole supply chain while continuing to meet Victoria's high food safety and animal welfare requirements and environmental protection and community amenity standards." Victorian Farmers Federation livestock president Scott Young said the farming body would be "closely watching how these planning reforms are implemented" and wanted to make sure food safety, animal welfare, and traceability systems were maintained. "We must ensure any new micro abattoir approvals uphold those standards, not create loopholes that could put markets or community trust at risk," he said. "Supporting local processing is a good thing — but it must be done right, with appropriate oversight and a level playing field for all producers."
AU Financial Review
2 hours ago
- AU Financial Review
Tesla ordered by Florida jury to pay $375m in fatal Autopilot crash
Miami | A Florida jury found Tesla liable in the 2019 fatal crash of an Autopilot equipped Model S and ordered Elon Musk's automaker to pay $US243 million ($375 million) to the family of a deceased woman and an injured survivor. Jurors in Miami federal court awarded the estate of Naibel Benavides Leon and her former boyfriend Dillon Angulo $US129 million in compensatory damages, of which Tesla is responsible for 33 per cent, plus $US200 million in punitive damages, according to a verdict sheet. Reuters
