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Australian regulator wants to dictate what the whole world can see online
UPDATED (June 5, 2024): VICTORY! The eSafety commissioner her legal action against X for refusing to globally suppress content that allegedly violates Australian law. The decision comes a few weeks after an Australian court refused to extend a temporary global takedown order, and just nine days after the court and the leave to intervene in the case to explain how the eSafety Commissioner鈥檚 global censorship demand threatened the expressive rights of internet users and platforms worldwide. FIREwill continue to monitor international efforts to export censorship.
Should one country鈥檚 speech laws apply everywhere on Earth?
In April, Australia鈥檚 eSafety commissioner effectively argued as much after the social media platform X, formerly Twitter, to take down a video of a man stabbing a bishop in a Sydney church. X responded by geo-blocking the content in Australia, but that did not satisfy the commissioner, who secured a temporary court order requiring X to remove posts of the video globally. That would prevent users everywhere outside Australia from accessing the content. Here in the U.S., it would suppress content protected by the First Amendment, which rightly makes no exception for depictions of violence. Even the bishop who was attacked censoring the video.
Whatever one thinks of the specific content at issue, the case鈥檚 implications for online free expression are profound. That鈥檚 why, last week, FIREmoved to intervene in X鈥檚 legal challenge to the commissioner鈥檚 global censorship demand.
And then yesterday, in a win for free speech, an Australian federal court to extend the order 鈥 though the case is ongoing.
In an increasingly interconnected world, containing censorship within a country鈥檚 borders is a serious challenge.
FIRE鈥檚 intervention seeks to focus the court鈥檚 attention on how a global takedown order would disregard the strong free speech protections of countries like the U.S. and lend an air of legitimacy to repressive regimes鈥 efforts to assert control over online content everywhere.
FIRE has long maintained concerns about the domestic impact of censorship abroad. In an increasingly interconnected world, containing censorship within a country鈥檚 borders is a serious challenge. And the in countries around the world only raises the stakes of those restrictions鈥 export.
Just last week, a Hong Kong appeals court the government鈥檚 request to ban a protest anthem called 鈥淕lory to Hong Kong.鈥 A day later, some YouTube videos featuring the song reportedly to users worldwide.
Our court filing lists several other troubling instances of extraterritorial censorship. For example, an Indian court recently ordered Reuters to take down a report about Appin, an Indian company accused of providing 鈥渉ack-for-hire鈥 services. Rather than using geo-blocking tools to block the article only in India, Reuters took it down globally. Appin鈥檚 co-founder then used this and other local court orders to pressure more global media outlets to withdraw coverage of the story.
Why is an Indian court order determining what you can read on the internet?
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What a lawsuit in India can tell us about the future of global censorship and free speech.
In 2020, China imposed a national security law on Hong Kong, intended to apply even to speech by nonresidents outside Hong Kong, that includes a vague ban on 鈥渟eparatism and subversion.鈥 FIREhas documented many instances of 鈥渇aculty and students at campuses around the world [making] changes to their teaching, research, class participation, and activism to adjust to the law.鈥
These are just a few examples of censorship creeping across borders.
Given the determination of authoritarian governments to suppress dissent both within their countries and 鈥 when the opportunity arises 鈥 outside of them, Australia should not set a precedent that repressive governments will be eager to exploit. If global takedowns become the norm, countries with the most draconian speech laws will dictate what the rest of us can see and say online. Surely Australians do not want their online experience filtered through Pakistan鈥檚 or Russia鈥檚 on 鈥渇ake news鈥 (which reportedly includes calling Russia鈥檚 invasion of Ukraine . . . an invasion).
Australia鈥檚 eSafety commissioner a global takedown is necessary to prevent Australians from accessing the video through virtual private networks that mask their location. But that rationale would apply equally to global takedown orders in countries like Russia, Turkey, and Iran. Not to mention that Australians traveling to the U.S. also might encounter speech 鈥 on a street corner, in a bookstore, on television, etc. 鈥 that is constitutionally protected here but unlawful in Australia. That hardly justifies Australia attempting to impose its speech restrictions on the U.S., or any other country.
Plus, as the saying goes, the internet never forgets. Even if X removed the video worldwide, sufficiently determined Australians would find it elsewhere. It鈥檚 even available on .
Yesterday鈥檚 ruling is a positive sign that the court isn鈥檛 buying the eSafety鈥檚 commissioner鈥檚 arguments. For the sake of free speech and of preserving the internet as a global hub for knowledge exchange and discourse, those arguments must fail.
FIRE defends the individual rights of all Americans to free speech and free thought 鈥 no matter their views. 果冻传媒app官方鈥檚 proven approach to advocacy has vindicated the rights of thousands of Americans through targeted media campaigns, correspondence with officials, open records requests, litigation, and other advocacy tactics. If you think your rights have been violated, submit your case to FIREtoday.
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