eSafety Commissioner v Rotondo (No 2) [2023] FCA 1351

Federal Court of Australia

eSafety Commissioner v Rotondo (No 2) [2023] FCA 1351 File number: QUD 451 of 2023

Judgment of: RANGIAH J

Date of judgment: 27 October 2023

Catchwords: PRACTICE AND PROCEDURE – r 42.14 of the Federal Court Rules 2011 (Cth) – where respondent charged with contempt of court – application for issue of warrant – whether Court satisfied that it is likely that the respondent will abscond or otherwise withdraw from the jurisdiction – warrant issued

Legislation: Online Safety Act 2021 (Cth) ss 75 and 80 Federal Court Rules 2011 (Cth) Div 42.2 and r 42.14

Cases cited: Polis v Zombor (No 4) [2019] FCA 2101

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 19

Date of hearing: 30 October 2023

Counsel for the Applicant: Mr M McKechnie with Mr M Bayliss

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: The Respondent did not appear

ORDERS QUD 451 of 2023

BETWEEN: ESAFETY COMMISSIONER Applicant

AND: ANTHONY ROTONDO AKA ANTONIO ROTONDO Respondent

order made by: RANGIAH J DATE OF ORDER: 27 OCTOBER 2023

THE COURT ORDERS THAT:

1. A warrant be issued for the arrest and detention of the respondent in the form annexed to this order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Form 90 Rules 34.14(2); 41.05(1); 42.01 & 42.14(3) WARRANT FOR ARREST FEDERAL COURT OF AUSTRALIA DISTRICT REGISTRY: QUEENSLAND DIVISION: GENERAL NO QUD 451 OF 2023 ESAFETY COMMISSIONER Applicant ANTHONY ROTONDO AKA ANTONIO ROTONDO Respondent To all Queensland and Australian Federal Police officers Arrest Anthony Rotondo (also known as Antonio Rotondo; DOB 12/02/1970) and detain him in custody and bring him before the Federal Court of Australia to answer the charge set out below. Anthony Rotondo (also known as Antonio Rotondo) is charged with contempt in that it is alleged that: 1. On 20 October 2023, the Federal Court of Australia made interim orders which relevantly: a. Required Anthony Rotondo (also known as Antonio Rotondo) to take all reasonable steps to remove or have removed from the website mrdeepfakes.com, intimate images of six identified individuals, as soon as practicable. b. Restrained Anthony Rotondo (also known as Antonio Rotondo), pursuant to s 122(1)(a) of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) from posting any intimate image on any social media service, relevant electronic service or designated internet service, each within the meaning of s 5 of the Online Safety Act 2021 (Cth). c. Required the parties not to publish the content of the order, the schedule to the order, or the affidavit of Luke Boon affirmed on 19 October 2023 (the Documents). (together, the Interim Orders) 2. Anthony Rotondo (also known as Antonio Rotondo) has disobeyed order 1 by failing to take all reasonable steps to remove or have removed from the website mrdeepfakes.com, intimate images of the six identified individuals 3. Anthony Rotondo (also known as Antonio Rotondo) has disobeyed orders 2 and 6 of the Interim Orders because on or around 26 October 2023 he sent an email copied to 49 recipients, in addition to 2 email addresses for the Applicant that: a. distributed the Documents; and b. attached a still image which was an intimate image within the meaning of s 15 of the Online Safety Act 2021 (Cth).