Overview

• The Administrative Review Tribunal ruled that Chris Elston’s post misgendering a transgender man lacked the intent to cause serious harm required under the Online Safety Act.
• Deputy President Damien O’Donovan found the offensive remarks reflected Elston’s consistent views elsewhere and did not constitute adult cyber-abuse material.
• eSafety Commissioner Julie Inman-Grant’s office welcomed the tribunal’s guidance on the statutory test and affirmed its commitment to tackling serious online harms.
• X’s legal team celebrated the ruling as a free-speech win in Australia and a check on the regulator’s scope.
• X has launched a fresh Federal Court challenge to consider exemptions from its obligations to remove harmful content, including child sexual abuse material.