The Federal Court has ruled X Corp., formerly Twitter Inc., was obliged to respond to a transparency notice seeking information about measures to address the proliferation of child sexual exploitation material on its platform.
Justice Michael Wheelahan also ordered that X Corp. pay eSafety’s costs.
eSafety commissioner Julie Inman Grant welcomed the Court’s rejection of X Corp’s argument that it should not have to respond because eSafety’s notice was given to the former entity Twitter Inc. in February 2023.
“Early last year, we asked some of the world’s biggest technology companies, including Twitter, to report on steps they were taking to comply with the Australian Government’s Basic Online Safety Expectations in relation to child sexual exploitation and abuse material on their platforms,” she said.
“Had X Corp’s argument been accepted by the Court it could have set the concerning precedent that a foreign company’s merger with another foreign company might enable it to avoid regulatory obligations in Australia.”
eSafety has separately begun civil penalty proceedings against X Corp. in relation to its alleged non-compliance with the transparency notice.
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