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Elon Musk will sue Australia for ordering X to remove a hateful post by an anti-trans activist
(www.lgbtqnation.com)
this post was submitted on 08 Apr 2024
253 points (95.0% liked)
Enough Musk Spam
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I'm not knowledgeable in Australian law. Would someone more well versed be able to hit me with a tldr of how this would work? Does Australia have "free speech" similar to what I understand as an American? Does the government there have the legal authority to make that sort of request? I'm not really worried about whether they should or shouldn't have that authority, or the general ethics surrounding this,I just kind of want to know what the law says
Australia has implied freedom of speech only, and only with respect to political and economic communication AFAIK.
https://www.vgso.vic.gov.au/implied-constitutional-freedom-political-communication
Like many countries Australia has ruled against hate speech in the past and such speech is not protected.
For example the racial hatred act limits speech: https://humanrights.gov.au/our-work/racial-hatred-act-what-racial-hatred-act
There are also laws governing content on social media platforms, including both older media standards and newer laws designed to regulate companies such as X or Facebook.
https://www.esafety.gov.au/newsroom/whats-on/online-safety-act
There are other relevant laws to consider as well but while I am a cyber security expert and not a lawyer I don’t expect Musk to have a good time in Australian courts.
If I'm understanding the esafety act correctly, the Australian government has the authority to fine and issue injunctions, which I'm going to assume could lead up to a ban in the country. Seems like a pretty straightforward L for Musk
Injunctions yes, injections no, Australia banned capital punishment in all jurisdictions since 1985.
Well, it was a hopeful typo I guess lol. Thanks for the information!
Americans don't even have free speech. They can only freely speak what is tolerated by the majority lol
Correct. Freedom of Speech does not imply freedom from consequence and only protects you from the government. The State can't tell you what you're allowed say and can't jail you for saying them (outside of a limited band of things that have been thoroughly litigated). However, that does nothing to modify the social contract. If you say something that most people don't like, they're going to get you to stop saying it one way or another.
I mean, you're not going to get arrested for saying stupid shit but I will think you're an asshole
Shouting "I'm going to kill the president of the United States" in front of the White House will not lead to you being arrested, provided you have zero intention to pull through with it? It is nothing but speech after all.
Neat.