The Full Federal Court has today ruled that X Corp. was required to respond to an eSafety transparency notice seeking information about steps Twitter, Inc. took to combat child sexual exploitation and abuse material on its platform.
X Corp. appealed the Federal Court's decision from October last year, which found that X Corp. was required to comply with the transparency notice that eSafety gave to Twitter, Inc. in February 2023.
Twitter, Inc. merged into X Corp. in March 2023.
In rejecting all grounds of X Corp.'s appeal, the Full Court ordered X Corp. to pay eSafety's costs.
"In early 2023, we asked some of the world's biggest technology companies, including Twitter, to report on steps they were taking to comply with the Australian Government's Basic Online Safety Expectations in relation to child sexual exploitation and abuse material on their platforms," eSafety Commissioner Julie Inman Grant said.
"This judgment confirms the obligations to comply with Australian regulations still apply, regardless of a foreign company's merger with another foreign company."
eSafety takes compliance with transparency notices seriously.
"eSafety will continue enforcing the Online Safety Act and holding all tech companies to account without fear or favour, ensuring they comply with the laws of Australia," Ms Inman Grant said.
"Without meaningful transparency, we cannot hold technology companies accountable."
eSafety's civil penalty proceedings against X Corp. in relation to its alleged non-compliance with the transparency notice, are ongoing.
Background
The Basic Online Safety Expectations (BOSE) notice applied to steps taken by Twitter, Inc. during the period of 24 January 2022 to 31 January 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.
The Full Court's judgment can be found on the Federal Court website.
eSafety's concise statement for the civil penalty proceedings and further background can be found in our media release, eSafety initiates civil penalty proceedings against X Corp.
