Federal Court proceedings involving eSafety

Court file number: VID1186/2024 - related to VID956/2023 and VID1092/2023

Status: Currently before the Court.

Issue: X Corp have appealed the Court’s decision to dismiss X Corp's application in VID956/2023. The Full Court heard the matter on 26 March 2025, and judgment was reserved.

Court file number: VID956/2023 - related to VID1092/2023

Status: Finalised

Issue: Judicial review of eSafety's reliance on a non-periodic reporting notice given in February 2023 under the Online Safety Act and eSafety's giving of a service provider notification and infringement notice to X Corp.

Decision: X Corp's application dismissed.

Judgment available on the Federal Court website.

Relevant eSafety updates:

• Second set of tech giants falling short in tackling child sexual exploitation material, sexual extortion, livestreaming of abuse (16/10/2023)
• Twitter, TikTok and Google forced to answer tough questions about online child abuse (23/2/2023)
• eSafety statement: Federal Court judgment (4/10/2024)

eSafety's relevant regulatory guidance:

• Basic Online Safety Expectations Regulatory Guidance

Court file number: VID1092/2023 - related to VID956/2023 and VID1186/2024

Status: Currently before the Court

Issue: Alleged non-compliance with a non-periodic reporting notice given in February 2023 under the Online Safety Act. This matter has been stayed pending the outcome of VID956/2023.

For latest hearing updates, and to review any orders handed down by the Court and other relevant information, please visit the Commonwealth Courts Portal.

Relevant eSafety updates:

• eSafety initiates civil penalty proceedings against X Corp. (21/12/2023)
• Second set of tech giants falling short in tackling child sexual exploitation material, sexual extortion, livestreaming of abuse (16/10/2023)
• Twitter, TikTok and Google forced to answer tough questions about online child abuse (23/2/2023)

eSafety's relevant regulatory guidance:

• Basic Online Safety Expectations Regulatory Guidance

Court file number: NSD474/2024 

Status: Discontinued

Issue: Alleged non-compliance with class 1 removal notice issued in April 2024 under the Online Safety Act.

Judgments available on the Federal Court website.

Relevant eSafety updates:

• Statement from the eSafety Commissioner re: Federal Court proceedings (5/6/2024)
• Statement on Federal Court order (24/4/2024)
• Statement on removal of extreme violent content (23/4/2024)

eSafety's relevant regulatory guidance:

• Online Content Scheme Regulatory Guidance

Court file number: QUD451/2023

Status: Currently before the Court

Issue: Alleged contravention of s 75 of the Online Safety Act 2021 (Cth) and alleged non-compliance with a notice and written direction issued under the Online Safety Act 2021 (Cth). 

Judgements to date: 

• eSafety Commissioner v Rotondo [2023] FCA 1296
• eSafety Commissioner v Rotondo (No 2) [2023] FCA 1351
• eSafety Commissioner v Rotondo (No 3) [2023] FCA 1590

For latest hearing updates, and to review any orders handed down by the Court and other relevant information, please visit the Commonwealth Courts Portal.

eSafety's relevant regulatory guidance:

• Image-based Abuse Scheme Regulatory Guidance