In a Federal Court hearing, Elon Musk's X Corp. is claiming, among other things, that it was not obliged to respond to a transparency notice given to the former entity Twitter, Inc in February 2023.
The transparency notice required Twitter, Inc. to report on steps it took to comply with the Australian Government's Basic Online Safety Expectations (Expectations), as they relate to child sexual exploitation and abuse material on the platform.
The Expectations are a key facet of the Online Safety Act designed to keep Australians safe online.
X Corp. brought judicial review proceedings against eSafety, arguing, amongst other things, that the transparency notice was given to Twitter, Inc. and cannot be enforced against X Corp. because the obligation to respond to the transparency notice did not survive the merger of Twitter, Inc. into X Corp. in March 2023.
After Elon Musk acquired Twitter Inc., incorporated in Delaware, United States, it was merged with X Corp., incorporated in Nevada, United States, in March 2023 and ceased to exist under Nevada law.
A two-day judicial review hearing began in the Federal Court today and is set to continue tomorrow.
eSafety has separately commenced civil penalty proceedings against X Corp. in relation to its alleged non-compliance with the transparency notice. The civil penalty proceedings are on hold until X Corp.'s judicial review application has been determined.
Background: eSafety's concise statement for the civil penalty proceedings can be found here: ESafety initiates civil penalty proceedings against X Corp.
