Home Australia Elon Musk’s X sues the Australian government in ‘free speech’ battle after its ‘world-first’ e-Safety Commissioner ordered an ‘offensive’ post to be taken down

Elon Musk’s X sues the Australian government in ‘free speech’ battle after its ‘world-first’ e-Safety Commissioner ordered an ‘offensive’ post to be taken down

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Elon Musk's X Platform is suing the Australian government after its 'first esafety commissioner' ordered an 'offensive' X post to be removed

Elon Musk’s X is suing the Australian government after its ‘first esafety commissioner’ ordered an ‘offensive’ post to be removed from the platform.

Last week, WhatsNew2Day Australia revealed that .

Cook, 45, a female-to-male trans woman who has advocated for taxpayer-funded surgeries for all trans Australians, was controversially appointed to a World Health Organization expert panel.

X, formerly Twitter, complied with the request and geo-blocked the post in Australia.

But the government-run eSafety commissioner’s demand backfired spectacularly when it led to the offending post being re-shared in a different format and viewed hundreds of thousands of times.

Now, X has revealed that this is a legal challenge against the Commissioner to “protect its users’ right to freedom of expression.”

Elon Musk's X Platform is suing the Australian government after its 'first esafety commissioner' ordered an 'offensive' X post to be removed

Elon Musk’s X Platform is suing the Australian government after its ‘first esafety commissioner’ ordered an ‘offensive’ X post to be removed

The government-funded body is led by Twitter's former head of public policy for Australia and Southeast Asia, Julie Inman-Grant (pictured), who receives an annual salary of almost $445,000.

The government-funded body is led by Twitter's former head of public policy for Australia and Southeast Asia, Julie Inman-Grant (pictured), who receives an annual salary of almost $445,000.

The government-funded body is led by Twitter’s former head of public policy for Australia and Southeast Asia, Julie Inman-Grant (pictured), who receives an annual salary of almost $445,000.

“Earlier this week, the Australian Electronic Safety Commissioner ordered X, subject to a fine of approximately A$800,000, to remove a user’s post,” said a statement from X’s Global Government Affairs team.

‘The publication criticized a person appointed by the World Health Organization to act as an expert on transgender issues.

“X is withholding publication in Australia in compliance with the order, but intends to pursue a legal challenge against the order to protect its user’s right to freedom of expression.”

It is understood the eSafety Commissioner is yet to receive a formal legal challenge.

If X complies, it will likely take the form of a judicial review in the Federal Court.

X is currently involved in a separate judicial review in the Federal Court over his alleged failure to provide information to the eSafety Commissioner about how the platform was addressing child abuse material on the platform.

Elston’s alleged crime had been sharing a WhatsNew2Day story in late February about Cook.

Cook’s now-private social media posts are flooded with X-rated material, including public nudity, bondage parties, trans orgies and even a photo of a man apparently having sex with a dog.

While WhatsNew2Day Australia does not suggest those revelations should exclude Cook from advising the WHO on trans healthcare, some have questioned his suitability for the role.

In his post, Elston misgendered Cook and made other “derogatory” comments.

On March 22, Elston received a letter from the Australian Government’s eSafety Commissioner, demanding that he remove the “deliberately degrading” post.

“An ordinary person in the complainant’s position would find the material offensive,” an anonymous delegate of the eSafety Commissioner wrote to Mr Elston.

“This is because the material singles out the complainant to personify the author’s disdain for transgender identity, as well as equating transgender identity with a psychiatric condition.”

It is understood that Cook lodged the complaint with the Electronic Safety Commissioner himself.

Chris Elston (pictured above), who goes by 'Billboard Chris' on 'offensive'. about trans expert Teddy Cook (pictured below). He refused to delete it and reshared it, which has since been viewed thousands of times.

Chris Elston (pictured above), who goes by 'Billboard Chris' on 'offensive'. about trans expert Teddy Cook (pictured below). He refused to delete it and reshared it, which has since been viewed thousands of times.

Chris Elston (pictured above), who goes by ‘Billboard Chris’ on ‘offensive’. about trans expert Teddy Cook (pictured below). He refused to delete it and reshared it, which has since been viewed thousands of times.

In the photo, Teddy Cook, UN trans expert

In the photo, Teddy Cook, UN trans expert

In the photo, Teddy Cook, UN trans expert

'Where is the world coming?' commented X owner Elon Musk in the original Daily Mail Australia story (pictured below)

'Where is the world coming?' commented X owner Elon Musk in the original Daily Mail Australia story (pictured below)

‘Where is the world coming?’ commented X owner Elon Musk in the original WhatsNew2Day Australia story (pictured below)

1711949984 292 Elon Musks X sues the Australian government in free speech

1711949984 292 Elon Musks X sues the Australian government in free speech

The order required that if the post was not removed within 24 hours, X would be fined up to $782,500.

Elston, a vociferous activist against “gender ideology,” refused to eliminate the position.

When X subsequently complied with the ‘takedown order’ by geo-blocking the post in Australia, Elston simply reshared the offending post.

In a colossal setback for the eSafety Commissioner, that post alone has been viewed more than 140,000 times and a concerted campaign to get others to reshare it has racked up more than a million views.

Responding to this post’s original story, Billionaire X owner Musk said: “Where is the world coming?”

The taxpayer-funded eSafety Commissioner later admitted that he can only block or delete subsequent posts if the offended party makes further complaints.

In a colossal counterattack for the eSafety Commissioner, Mr Elston's new post has been viewed more than 130,000 times and a concerted campaign to get others to reshare it has racked up hundreds of thousands of views (post is pictured , as described in the eSafety Commissioner's 'takedown notice')

In a colossal counterattack for the eSafety Commissioner, Mr Elston's new post has been viewed more than 130,000 times and a concerted campaign to get others to reshare it has racked up hundreds of thousands of views (post is pictured , as described in the eSafety Commissioner's 'takedown notice')

In a colossal counterattack for the eSafety Commissioner, Mr Elston’s new post has been viewed more than 130,000 times and a concerted campaign to get others to reshare it has racked up hundreds of thousands of views (post is pictured , as described in the eSafety Commissioner’s ‘takedown notice’)

Ms Grant (pictured) is part of the World Economic Forum's Global Coalition for Digital SecurityExternal link and, in 2020, was named by the Davos-based organization as one of the world's most influential leaders revolutionizing the government.

Ms Grant (pictured) is part of the World Economic Forum's Global Coalition for Digital SecurityExternal link and, in 2020, was named by the Davos-based organization as one of the world's most influential leaders revolutionizing the government.

Ms Grant (pictured) is part of the World Economic Forum’s Global Coalition for Digital SecurityExternal link and, in 2020, was named by the Davos-based organization as one of the world’s most influential leaders revolutionizing the government.

“The eSafety adult cyber abuse scheme is a complaints-based scheme,” a spokesperson for the eSafety Commissioner told WhatsNew2Day Australia.

“In cases where a new version of material has been posted after a takedown notice has been issued and complied with, we require a new complaint from the targeted Australian resident, or someone authorized to report on their behalf, for action. regulatory”.

In practice, this means that the “world’s first online safety regulator” could find itself involved in an endless game of whack-a-mole as it tries to control online speech.

Political figures have condemned the alleged waste of Australian taxpayers’ money.

Independent Liberal MP Moira Deeming described the eSafety Commissioner as the “Ministry of Truth”, in reference to George Orwell’s novel 1984.

“We reject his Orwellian dystopia,” Ms. Deeming added.

According to its latest annual report, the eSafety Commissioner and the Australian Communications and Media Authority employ almost 500 public servants.

The eSafety Commissioner praises itself as the “first government agency committed to keeping its citizens safer online.”

Is led by former Twitter Public Policy Director for Australia and Southeast Asia, Julie Inman-Grant, who receives an annual salary of almost $445,000.

Ms. Grant, an American who began her career working in the US Congress, worked at Microsoft for 17 years, eventually rising to the position of Global Director of Security and Privacy Policy and Disclosure before joining Twitter.

He previously criticized the “toxic environment” on Twitter, as it was then known.

In January 2022, the Australian Government reappointed Ms Grant to a new five-year term in her role as eSafety Commissioner.

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