The Federal Court has declined to extend an injunction against Elon Musk’s Platform ahead of the final hearing in the case.
Last month, the eSafety Commissioner sought an injunction in the Federal Court after Company X indicated it would object to a notice preventing Australian users from viewing the tweets. The injunction was set to expire on Monday unless the court extended it before a final hearing scheduled for mid-June.
Judge Jeffrey Kennett refused the application to extend the injunction on Monday, with his reasons to be announced later.
During Friday’s hearing, X’s lawyer Brett Walker SC argued that the wording of the order to hide the tweets was not something the company could technically comply with, which troubled Judge Kennett at the time.
This setback to the eSafety Commissioner’s powers came after Mr. Walker stated on Friday that X believed the notices issued to remove the tweets were invalid. He criticized the lack of detail in the decision to classify the video as “class 1” and order its removal.
Mr. Walker argued that the decision did not meet the criteria for being refused classification by the Australian Classification Board, citing the depiction of violence in the video as insufficient.
The case will resume in court on Wednesday.
Judge Kennett mentioned on Monday that he would consider whether two international digital rights groups should be allowed to intervene in the case.
Mr. Begbie opposed the intervention, arguing that the groups were trying to push a policy debate unrelated to the case.
Source: www.theguardian.com
