X loses Oz case for failing to report child safety efforts • The Register

Australia's Federal Court has rejected Elon Musk's claim that X/Twitter does not have to comply with local requirements to provide information about how it detects, removes and prevents distribution of child sexual abuse material.

The case focused on Australia's Basic Online Safety Expectations – a set of regulations that require online platform operators to take reasonable measures to ensure the safety of users. Expectations are monitored by a regulator called the eSafety Commissioner, who can require platforms to report on how they are meeting expectations.

In early 2023, the Commissioner sent reporting notices to Discord, Google, TikTok, Twitch and Twitter – even before Elon Musk acquired them – asking them to explain the measures they are taking to detect online child sexual exploitation and abuse to fight. In October of that year, the Commissioner found that Google and X – as Twitter had then become – had failed to respond adequately.

In December 2023, the Commissioner took the matter to court and sought a civil sanction for X's non-compliance.

“eSafety claims that X Corp. “Failed to prepare a report in the manner and form specified because it did not respond to certain questions in the notice or did not respond truthfully and accurately,” the commissioner's announcement of the lawsuit states.

Judgment in X Corp v. eSafety Commissioner was handed in on Friday and it's a loss for X.

The Musk-owned social network argued that X was not required to comply because the commissioner's notice was forwarded to Twitter. The judge was not convinced and concluded that under US law, obligations pass from an acquired or merged company to its new owner. It also didn't help that a letter from lawyers for and “All assets, liabilities, rights, etc. of Twitter, Inc. are transferred by operation of law to X Corp. as of March 15, 2023.” passed over.”

X also argued that the Commissioner's notice was issued in the wrong place because of the failure to file the response following Twitter's move to Nevada, Australia. Here too the judge disagreed. Musk's folly also tried to argue that an extension was given. The judge disagreed.

The decision means that X faces a fine of A$615,000 (US$420,000).

eSafety Commissioner Julie Inman Gran welcomed the decision.

“Would be the argument of

At the time of writing, X and Elon Musk appear to have made no comments on the matter. ®