The Federal Court of Australia has refused to extend an injunction requiring Elon Musk's platform X to hide 65 posts containing video of a stabbing attack on Bishop Mar Mari Emmanuel at a Sydney church. The injunction, initially granted last month, was due to expire on Monday unless extended ahead of a final hearing expected in mid-June.
Justice Geoffrey Kennett declined the application to extend the order, with reasons to be released later. The eSafety Commissioner had sought the injunction after X made the tweets unavailable only to Australian users and challenged the removal notice. X's barrister, Bret Walker SC, argued the wording of the order was technically unfeasible and that the notice was invalid due to insufficient detail.
Walker contended that the videos, depicting a violent act, did not meet the threshold for refusal of classification under Australian law. He stated X had taken all reasonable steps to block Australian access, though some users could still view the content via VPNs. He called it a 'remarkable proposition' for Australia to demand global removal to control local access.
The eSafety Commissioner's barrister, Tim Begbie KC, argued X routinely removes content globally but objects when ordered by Australian authorities. Justice Kennett indicated he would decide whether to allow international digital rights groups to intervene in the case, a move opposed by Begbie as a policy debate for the ballot box.
