eSafety notes with great sadness reports of evidence concerning the Wakeley church stabbing video presented to a court in the United Kingdom during the sentencing of Axel Rudakubana.
eSafety acted swiftly following the Wakeley attack in Sydney on April 15, 2024, working collaboratively where possible with technology companies to remove the video from online platforms.
In doing so, eSafety was guided by its mission to protect our community from harmful online material, including material that may severely traumatise, manipulate or radicalise vulnerable people, especially children and the young.
To be clear, the material in question was violent video of an attempted murder deemed an act of terror by the NSW Police Commissioner; not commentary, public debate or other posts about this event.
Research and the experience of law enforcement in Australia and internationally has shown a clear link between extreme, graphic violent material and harm to children, not to mention instances of real-world violence or attempted violence.
The Director-General of the Australian Security Intelligence Organisation last year stated the internet had been a factor in all the Organisation's recent terrorism investigations, with young people the alleged perpetrators in each of them, including one aged 14.
Immediately following the Wakeley attack, companies including Google, Microsoft, Snap and Tik Tok acted quickly to cooperate with eSafety and ensure the Wakeley stabbing video could not be accessed from their platforms.
Some of these companies took additional, proactive steps to reduce further spread of the material. Once again, eSafety thanks them for that.
In the case of Meta and X Corp, eSafety issued notices on April 16, 2024, requiring them to remove the material under provisions of Australia's Online Safety Act.
eSafety was satisfied with Meta's response, however, X Corp chose not to remove the video from its platform. Instead the company geo-blocked to Australia, leaving the material accessible on its platform, including to many users in this country with a VPN.
eSafety was not satisfied with X Corp's response and sought to enforce and uphold its removal notice via actions in the Federal Court and, subsequently, the Administrative Appeals Tribunal.
In October, 2024, noting the outcomes of these proceedings, eSafety indicated it would await outcomes of the statutory review of Australia's Online Safety Act, then under way.
The Australian Government's response to this review is due shortly. eSafety looks forward to the contribution it will make towards resolving some of the legal and jurisdictional issues these matters have raised.
