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Elon Musk and X to fight Australian eSafety order to remove content relating to Sydney stabbing Elon Musk and X to fight Australian eSafety order to remove content relating to Sydney stabbing
(about 1 hour later)
Company says it complied with directive over posts about stabbing of Sydney bishop but will challenge ‘unlawful and dangerous approach’ in courtCompany says it complied with directive over posts about stabbing of Sydney bishop but will challenge ‘unlawful and dangerous approach’ in court
Elon Musk and his social media company X have accused Australia’s eSafety commissioner of censorship and say they will challenge in court an order to remove content on the site relating to Monday’s Sydney church stabbing.Elon Musk and his social media company X have accused Australia’s eSafety commissioner of censorship and say they will challenge in court an order to remove content on the site relating to Monday’s Sydney church stabbing.
On Tuesday the eSafety commissioner, Julie Inman Grant, said that X and Meta were issued with a notice to remove material within 24 hours that depicted “gratuitous or offensive violence with a high degree of impact or detail”, with the companies facing potential fines if they failed to comply.On Tuesday the eSafety commissioner, Julie Inman Grant, said that X and Meta were issued with a notice to remove material within 24 hours that depicted “gratuitous or offensive violence with a high degree of impact or detail”, with the companies facing potential fines if they failed to comply.
The notices related to the alleged stabbing of bishop Mar Mari Emmanuel at a service at the Assyrian Christ the Good Shepherd church in Wakeley. The service was being livestreamed and a recording of it circulated online, along with other videos of the aftermath.The notices related to the alleged stabbing of bishop Mar Mari Emmanuel at a service at the Assyrian Christ the Good Shepherd church in Wakeley. The service was being livestreamed and a recording of it circulated online, along with other videos of the aftermath.
But early Saturday morning Australian time, X issued a statement accusing the watchdog of pursuing global censorship and vowing the company will “robustly challenge this unlawful and dangerous approach in court”.But early Saturday morning Australian time, X issued a statement accusing the watchdog of pursuing global censorship and vowing the company will “robustly challenge this unlawful and dangerous approach in court”.
The statement from X’s global government affairs team, which was reposted by the company’s owner, Elon Musk, said the company complied with the directive by the commissioner, Julie Inman Grant, to remove “certain posts in Australia that publicly commented” on Monday’s attack.The statement from X’s global government affairs team, which was reposted by the company’s owner, Elon Musk, said the company complied with the directive by the commissioner, Julie Inman Grant, to remove “certain posts in Australia that publicly commented” on Monday’s attack.
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But it did not believe the orders were “within the scope of Australian law” and it only complied “pending a legal challenge”.But it did not believe the orders were “within the scope of Australian law” and it only complied “pending a legal challenge”.
It said that X then received another “demand” from the commissioner that it “globally withhold these posts or face a daily fine” of A$785,000.It said that X then received another “demand” from the commissioner that it “globally withhold these posts or face a daily fine” of A$785,000.
Musk said in reposting the statement that “The Australian censorship commissar [sic] is demanding *global* content bans!”.Musk said in reposting the statement that “The Australian censorship commissar [sic] is demanding *global* content bans!”.
The Australian censorship commissar is demanding *global* content bans! https://t.co/CRLglUYYIGThe Australian censorship commissar is demanding *global* content bans! https://t.co/CRLglUYYIG
The commissioner’s office declined to comment on X’s statement.The commissioner’s office declined to comment on X’s statement.
It is understood the commissioner made multiple attempts to ensure X had been fully compliant with Tuesday’s order after videos and images of the attack continued to circulate on the platform, despite the company claiming it had complied.It is understood the commissioner made multiple attempts to ensure X had been fully compliant with Tuesday’s order after videos and images of the attack continued to circulate on the platform, despite the company claiming it had complied.
The NSW premier, Chris Minns, said he was shocked but not surprised by X’s statement.
“This is exactly as I would expect from X or Twitter or whatever you would call it: a disregard for the information they pump into our communities, lies and rumours spreading like wildfire and then when things go wrong, throwing their hands up in the air to say they are not prepared to do anything about it,” Minns said on Saturday.
“We have had enough, Sydney has had enough.”
He said the platform allowed rumours about the church stabbing to spread unencumbered in such a way that it fuelled resulting riots, and called for stronger laws governing social media platforms.
“To think about young police officers who have to go into harm’s way to calm down a riot based on a rumour or innuendo means that their job is virtually next to impossible for them.
“It is about time we strengthen rules in relation to the eSafety commissioner or the federal government or penalties that are in place for social media companies, we would all be in favour of that.”
Minns said the government had “wrestled” with the idea of leaving the platform, where he, other ministers and multiple departments including NSW police have accounts, but that to do so would mean only “bad actors” remained on the site.
The communications minister, Michelle Rowland, said the government supported the stance taken by the commissioner.
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“The government is united with eSafety in our very clear expectation that social media companies remove this content immediately,” she said in a statement on Saturday.
“If you operate in Australia, you should comply with the law. It’s as simple as that.”
On Friday, the commission said in a statement that it was continuing to “engage with all major social media platforms regarding the resharing and reposting of … content depicting recent violence in Sydney”.On Friday, the commission said in a statement that it was continuing to “engage with all major social media platforms regarding the resharing and reposting of … content depicting recent violence in Sydney”.
“We expect platforms that benefit from Australians using their service to make genuine efforts to protect our citizens from harmful content and, in particular, to enforce their own terms of service.“We expect platforms that benefit from Australians using their service to make genuine efforts to protect our citizens from harmful content and, in particular, to enforce their own terms of service.
“In relation to X Corp, eSafety is working to ensure the company’s full and complete compliance with Australian law. We are considering whether further regulatory action is warranted.“In relation to X Corp, eSafety is working to ensure the company’s full and complete compliance with Australian law. We are considering whether further regulatory action is warranted.
“eSafety is disappointed that process has been unnecessarily prolonged, rather than prioritising the safety of Australians and the Australian community.”“eSafety is disappointed that process has been unnecessarily prolonged, rather than prioritising the safety of Australians and the Australian community.”
In its statement, X said it respected the right of a country to enforce its laws within its jurisdiction.In its statement, X said it respected the right of a country to enforce its laws within its jurisdiction.
However, it added, “the eSafety commissioner does not have the authority to dictate what content X’s users can see globally”.However, it added, “the eSafety commissioner does not have the authority to dictate what content X’s users can see globally”.
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“We will robustly challenge this unlawful and dangerous approach in court.“We will robustly challenge this unlawful and dangerous approach in court.
“Global takedown orders go against the very principles of a free and open internet and threaten free speech everywhere.”“Global takedown orders go against the very principles of a free and open internet and threaten free speech everywhere.”
The statement said the “recent attacks in Australia are a horrific assault on free society”.The statement said the “recent attacks in Australia are a horrific assault on free society”.
“Our condolences go out to those who have been affected, and we stand with the Australian people in calling for those responsible to be brought to justice.“Our condolences go out to those who have been affected, and we stand with the Australian people in calling for those responsible to be brought to justice.
“This was a tragic event and we do not allow people to praise it or call for further violence.“This was a tragic event and we do not allow people to praise it or call for further violence.
“There is a public conversation happening about the event, on X and across Australia, as is often the case when events of major public concern occur.”“There is a public conversation happening about the event, on X and across Australia, as is often the case when events of major public concern occur.”
Inman Grant told reporters on Tuesday that “while the majority of mainstream social media platforms have engaged with us, I am not satisfied enough is being done to protect Australians from this most extreme and gratuitous violent material circulating online”.
“That is why I am exercising my powers under the Online Safety Act to formally compel them to remove it.”
The prime minister, Anthony Albanese, has said he was concerned about the videos circulating online and the communications minister, Michelle Rowland, had contacted Inman Grant about having them removed.
“We remain concerned about the role of social media, including the publication of videos that can be very harmful, particularly for younger people who have access. Anyone with a phone essentially can do that,” Albanese said.
“We continue to work with the eSafety commissioner and to use what powers are at our disposal to demand that material be taken down. I know the AFP commissioner and the security agencies are engaged in that as well.”