Landmark Ruling: X Corp and the eSafety Commissioner Navigate Online Safety Landscape
Canberra, ACT – July 31, 2025 – In a significant development for online safety in Australia, the Federal Court of Australia has delivered a judgment in the case of X Corp v eSafety Commissioner. The decision, published today by the Federal Court, addresses key issues surrounding the powers of the eSafety Commissioner and the responsibilities of social media platforms in managing online content.
The case, identified as [2025] FCAFC 99, saw X Corp, formerly known as Twitter, contesting a notice issued by the eSafety Commissioner. The eSafety Commissioner, a statutory body tasked with protecting Australians from online harm, had issued a notice requiring X Corp to remove certain content from its platform. This process often arises when content is deemed to be harmful, such as cyberbullying, online harassment, or the promotion of illegal activities.
While the precise details of the content in question are not immediately available in this summary, the underlying legal challenge often revolves around the interpretation of the Online Safety Act 2021 and the scope of the Commissioner’s powers to compel the removal of material hosted on global platforms. These cases frequently delve into complex questions of jurisdiction, freedom of speech, and the practicalities of enforcing Australian law on international digital services.
The Federal Court of Australia, through its Full Court, has now provided its considered decision. This judgment will undoubtedly be of considerable interest to technology companies, legal professionals, online safety advocates, and the wider public, as it contributes to the evolving framework governing online content moderation and the protection of users from harmful material.
The eSafety Commissioner’s role is crucial in creating a safer online environment for all Australians. Decisions like this help to clarify the operational parameters of this important regulatory body and the expectations placed upon social media platforms operating within Australia.
Further analysis of the detailed judgment will be essential to fully understand the implications of this ruling on future interactions between regulatory bodies and online platforms, and on the ongoing efforts to foster a more secure and responsible digital space. This case represents another important step in the ongoing dialogue about balancing innovation, free expression, and the imperative of protecting individuals from online harm.
X Corp v eSafety Commissioner [2025] FCAFC 99
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