In a recent legal victory for free speech in Australia, Elon Musk’s social media platform, X (previously Twitter), has successfully overturned government orders that sought to block a controversial post from activist Christopher Elston. This post, which suggested that transgender individuals should reside in psychiatric institutions, had drawn significant attention and outrage, particularly from transgender advocate Teddy Cook. Cook, who had been appointed by the World Health Organisation to advise on health issues affecting transgender and non-binary individuals, lodged a complaint with the eSafety Commissioner after encountering the post.
The eSafety Commissioner acted to restrict the post, citing it as derogatory to Cook and harmful to the wider transgender community. Elston’s comments reached a broad audience; his post garnered over 395,000 followers and was viewed 377,000 times shortly after its release. In response, both X and Elston challenged the eSafety Commissioner’s decision, presenting their case to the Administrative Review Tribunal. The Tribunal ultimately ruled that the post did not intend to inflict serious harm, although it acknowledged that it could be construed as implying that transgender people belong in psychiatric care.
The Tribunal’s member, Damien O’Donovan, clarified that, while the phrasing was offensive, Elston had expressed similar views previously without malicious intent. X’s legal representatives welcomed the decision, arguing that the eSafety Commissioner had overstepped her authority in moderating public discourse. Elston echoed this sentiment, asserting that the ruling affirms the right to express peaceful viewpoints without governmental censorship.
In his defence, Elston stated he was unaware of Cook prior to the incident and asserted that his post merely shared publicly available information. A spokesperson for the eSafety Commissioner affirmed that the regulator remains committed to addressing issues of online harm and protecting Australian citizens.
This judgement follows a contentious history between X and the eSafety Commissioner. Earlier in May, the Commissioner pursued legal action against X, seeking more stringent measures to ensure user safety on the platform. Additionally, the regulator imposed a hefty fine of $610,500 on X in February 2023, citing inadequate responses regarding their management of harmful content, including child sexual abuse material—a claim that X is disputing.
As this legal battle unfolds, the implications for online speech and regulation in Australia continue to be a hot topic in both legal and public discussions.