The eSafety Commissioner has appealed the Administrative Review Tribunal's finding that the Tribunal had jurisdiction to review eSafety's decision to alert X Corp. to a possible breach of their terms of service.
eSafety is appealing this decision because it considers the Tribunal made legal errors about jurisdiction and in making findings that were not available on the evidence.
This appeal will also provide further clarity around the practice of regulators bringing to a platform's attention, material that potentially breaches their terms of service.
A hearing for the appeal before the Full Federal Court will be set at a later date.
Background
- The recently independent Statutory Review of the Online Safety Act 2021 recommends retaining and clarifying eSafety's approach of informally contacting platforms (recommendation 14).
/Public Release. This material from the originating organization/author(s) might be of the point-in-time nature, and edited for clarity, style and length. Mirage.News does not take institutional positions or sides, and all views, positions, and conclusions expressed herein are solely those of the author(s).View in full here.
