eSafety Commissioner v X Corp [2024] FCA 499

Federal Court of Australia

eSafety Commissioner v X Corp [2024] FCA 499 File number: NSD 474 of 2024

Judgment of: KENNETT J

Date of judgment: 13 May 2024

Date of publication of reasons: 14 May 2024

Catchwords: PRACTICE AND PROCEDURE – application for injunction under s 121 of the Regulatory Powers (Standard Provisions) Act 2014 (Cth) (RP Act) – where respondent issued with removal notice pursuant to s 109 of the Online Safety Act 2021 (Cth) (OS Act) – where interim injunction granted under s 122 of the RP Act requiring compliance with notice – whether interim injunction should be extended – whether real issue to be tried – validity of removal notice – whether removal of content identified in notice for all users on the respondent's platform internationally a "reasonable step" required by ss 109 and 111 of the OS Act – where "comity of nations" considerations powerful – whether balance of convenience favours grant of injunction – where unenforceability of injunction has potential to bring administration of justice into disrepute PRACTICE AND PROCEDURE – applications for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) – whether orders necessary to prevent prejudice to the proper administration of justice – whether orders necessary to protect the safety of any person

Legislation: Acts Interpretation Act 1901 (Cth) ss 18A, 33 Administrative Appeals Tribunal Act 1975 (Cth) s 28 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Broadcasting Services Act 1992 (Cth) Classification (Publications, Films and Computer Games) Act 1995 (Cth) ss 7, 9, 9A, 11 Federal Court of Australia Act 1976 (Cth) s 37AF Online Safety Act 2021 (Cth) ss 3, 12, 106, 109, 111, 162 Regulatory Powers (Standard Provisions) Act 2014 (Cth) ss 79, 82, 111, 121, 122 National Classification Code (Cth) cl 3 Guidelines for the Classification of Films 2012 (Cth) Explanatory Memorandum, Online Safety Bill 2021 (Cth)