Key facts
- Australia's eSafety commissioner can order platforms to block content deemed 'refused classification'.
- X has a history of legal challenges against eSafety's content removal orders.
- X successfully argued to keep footage of a Sydney bishop's stabbing online in Australia.
- X also won an appeal to downgrade the classification of videos of Charlie Kirk's assassination.
- The eSafety commissioner has powers to order ISPs to block sites hosting violent crime footage.
- The regulator is seeking fines against Telegram for failing to remove violent content.
Australia's online safety regulator, Julie Inman Grant, faces a complex decision regarding the planned livestream of the execution of Fort Hood shooter Nidal Hasan. Under the Online Safety Act, the eSafety commissioner has the power to order platforms like Facebook, Instagram, and X to block Australians from accessing content classified as 'refused classification', which typically applies to extreme violent material.
While some platforms may voluntarily remove such content, X, owned by Elon Musk, has a history of challenging eSafety's orders in court. The platform has previously succeeded in keeping footage of a Sydney bishop's stabbing and the assassination of influencer Charlie Kirk available to Australians. X also won an appeal to downgrade the classification of videos of the assassination from 'refused classification' to R18+.
Additional powers allow the eSafety commissioner to issue takedown notices for websites hosting footage of "actual violent crime such as murder, attempted murder, rape, torture." This power, developed in response to terror attacks, could extend to state-sanctioned violence like executions. The commissioner can also declare an 'online crisis event' and order internet service providers to block sites, though this power has not yet been used. The regulator is currently pursuing fines against Telegram for allegedly failing to remove content depicting executions by terrorist groups.
Any decision by Inman Grant to block the livestream could lead to significant backlash from conservative media in the US and potentially trigger a diplomatic incident. Inman Grant's term as eSafety commissioner ends in January, and she has faced criticism from US politicians like Republican congressman Jim Jordan, who has labeled her a "zealot for global takedowns." These challenges suggest that blocking the execution livestream may not be a straightforward option for the regulator.