Australia's eSafety commissioner has dropped her legal bid to force Elon Musk's social media site X to hide a violent video of a church stabbing in Sydney from global users.
Julie Inman Grant had sought a Federal Court ruling after X failed to fully comply with a takedown order issued under the country's Online Safety Act following the incident in April.
Instead, Inman Grant said Wednesday she would "consolidate action" concerning the removal notice in the Administrative Appeals Tribunal (AAT), an independent review process that examines decisions taken by the commissioner.
"After weighing multiple considerations, including litigation across multiple cases, I have considered this option likely to achieve the most positive outcome for the online safety of all Australians, especially children," she said in a statement.
The eSafety commissioner had wanted X to hide the video for users beyond Australian borders. Musk criticized the request as an excessive overreach by an unelected official that could set a precedent for other countries to demand the removal of sensitive material.
"Our concern is that if ANY country is allowed to censor content for ALL countries, which is what the Australian 'eSafety Commissar' is demanding, then what is to stop
any country from controlling the entire Internet?" Musk posted on X in April.
In a statement, X welcomed the latest development as a victory for free speech.
"This case has raised important questions on how legal powers can be used to threaten global censorship of speech, and we are heartened to see that freedom of speech has prevailed," it said.
Joanne Gray, a lecturer in digital cultures at the University of Sydney, said the decision to drop the case was "rational" for a public institution
with limited resources. But she added that the question of Australia's jurisdiction over online content remains unanswered.
"[Musk] might claim it's a victory for free speech but I don't think that is really what it is. It's more of a corporate win, and says more about the ability of platform companies to operate outside of the reach of governments," Gray said.
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