Page:ESafety Commissioner v X Corp.pdf/6

 9 The removal notice was issued by a delegate of the Commissioner (the delegate) on 16 April 2024. Relevantly for present purposes, the notice says:

10 Attachment A identifies the relevant material by way of a list of 65 specified URLs, each of which designates a post on X Corp's social media platform (X). There follows a "Description of material", which consists of a description of the contents of the stabbing video followed by a statement:

11 The references in the removal notice to "class 1 material" and taking "all reasonable steps" to ensure removal come from s 109 of the OS Act. At this point, in order to identify the basis and the effect of the removal notice, it is useful to set out the relevant parts of s 109.

109 Removal notice given to the provider of a social media service, relevant electronic service or designated internet service

(1) If:


 * (a) material is, or has been, provided on:


 * (i) a social media service; or

…; and


 * (b) the Commissioner is satisfied that the material is or was class 1 material; and


 * (c) the material can be accessed by end-users in Australia; and


 * (d) the service is not:


 * (i) an exempt Parliamentary content service; or


 * (ii) an exempt court/tribunal content service; or


 * (iii) an exempt official-inquiry content service;

the Commissioner may give the provider of the service a written notice, to be known as a removal notice, requiring the provider to:


 * (e) take all reasonable steps to ensure the removal of the material from the service; and


 * (f) do so within:


 * (i) 24 hours after the notice was given to the provider; or

eSafety Commissioner v X Corp [2024] FCA 499