“A win for free speech in Australia.” 

According to Elon Musk’s lawyers, they have pushed back against government mandates that prohibited a post suggesting that transgender individuals should be placed in a mental institution. 

Musk’s social media platform, X—formerly Twitter—and Canadian activist Christopher Elston find themselves in a legal confrontation with the eSafety Commissioner. 

X, through its lawyers at Thomson Geer, welcomed the decision.

“This instance illustrates yet again how the eSafety Commissioner is exceeding her authority by making politically influenced decisions on what content she believes Australians should be exposed to from the global community.”

Elston said the decision sends a clear message to the government that it “does not have the authority to silence peaceful expression”.

In the tribunal hearing, lawyers for Elston denied he intended to cause serious harm.

The Canadian said he didn’t know Cook, reposted public information and usually misgendered people in his posts.

A spokesperson for the eSafety Commissioner noted the decision saying the regulator would continue to take seriously the responsibility of amending harms and protecting Australians.

The decision is the most recent chapter in a long-running legal battle between the social media giant and online safety regulator. 

In May, the commissioner took X to court wanting the platform to do more to keep Australians safe online. 

The regulator also issued a penalty of $610,500 to the social media giant in February 2023, alleging it failed to adequately respond to questions about how it tackled harmful content on its platform, including child sexual abuse material.

X is disputing the fine. 

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