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Brownstone Institute

Musk Wins Latest Censorship Battle in Australia

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US billionaire Elon Musk, Australian eSafety Commissioner Julie Inman Grant

From the Brownstone Institute

BY Rebekah BarnettREBEKAH BARNETT

Can Australia’s eSafety Commissioner block content globally on demand? Not today, ruled the Australian Federal Court, in a win for Elon Musk’s social media platform X.

In a decision on Monday, Justice Geoffrey Kennett refused to extend a temporary injunction obtained by eSafety last month, which forced X to remove footage of the Wakeley church stabbing, an alleged religiously motivated terror attack.

Under the Online Safety Act (2021), the eSafety Commissioner, Julie Inman Grant, has the authority to order removal of such ‘class 1 material’ within Australia under threat of hefty fines.

eSafety argued that X had not gone far enough to block the content from Australians, as a geo-block can be circumvented by a VPN. X argued that eSafety was effectively seeking a global ban on content, straying outside of the Australian online harm regulator’s jurisdiction.

eSafety applied to the Federal Court to extend its temporary injunction against X, with a hearing taking place on Friday 10 May. The temporary injunction was due to expire at 5pm on Friday, but was extended to 5pm Monday—to allow time for Justice Kennett to deliver a decision on the matter.

In his decision, Justice Kennett held that X had taken “reasonable” steps to block the stabbing content as required under Australian law, and that eSafety’s request for a global ban was not reasonable.

Therefore, “The orders of the court will be that the application to extend…is refused,” said Justice Kennett, meaning that as of 5pm Monday, the injunction is no longer effective.

In a statement on the Federal Court decision, eSafety said that the matter will return to Court for a case management hearing on Wednesday, 15 May.

Source: X

“The application for this injunction should have never been brought,” said Dr Reuben Kirkham, Co-Director of the Free Speech Union of Australia (FSU) in a statement, questioning the validity of the Commissioner’s bid to enact a global content ban on X. “The eSafety Commissioner is overreaching and behaving more like an activist than a responsible public servant.”

Dr Kirkham, who was present for the hearing, told Dystopian Down Under that he counted 12 lawyers present (seven for X, five for eSafety), which, if eSafety is ordered to pay costs, will lump taxpayers with “a considerable amount of unnecessary legal costs.”

Digital civil liberties nonprofit the Electronic Frontier Foundation (EFF) echoes FSU Australia’s position, stating that, “no single country should be able to restrict speech across the entire internet,” and likening the Commissioner’s actions to “[using] a sledgehammer to crack a nut.”

An affidavit submitted by the EFF to the eSafety vs. X proceedings called for the Court to consider the international impact that a ruling in eSafety’s favour would have in setting a precedent for allowing one country to enforce content bans on citizens of other countries.

“If one court can impose speech-restrictive rules on the entire Internet—despite direct conflicts with laws [in] a foreign jurisdiction as well as international human rights principles—the norms of expectations of all internet users are at risk,” stated the EFF in an article summarizing the affidavit.

X’s Global Government Affairs posted about the hearing, stating, “We’re glad X is fighting back, and we hope the judge will recognize the eSafety regulator’s demand for what it is—a big step toward unchecked global censorship—and refuse to let Australia set another dangerous precedent.” At the time of publishing, no updated statement on the Judge’s decision had been issued.

Source: X

Dr Kirkham calls the Commissioner’s application to extend her injunction against X “part of a pattern where the eSafety Commissioner’s office seemingly engages in gamesmanship rather than respecting the rule of law or acting as a model litigant.”

Indeed, the ruling in X’s favour comes amidst mounting controversy over the eSafety Commissioner’s ongoing battle with X, which appears to be driven partly by Julie Inman Grant’s global censorship ambitions, and partly by personal feelings.

Inman Grant, who formerly directed Twitter’s Public Policy (Australia and Southeast Asia), has repeatedly criticized Elon Musk since his purchase of the Twitter platform in 2022.

Moreover, Musk’s advocacy for a broad interpretation of free speech on the internet conflicts with Inman Grant’s professed view of free speech as a right that needs to be “recalibrated” for online spaces.

YouTube video
For its part, X has failed to comply with routine reporting to the eSafety Commissioner’s satisfaction, leading eSafety to initiate civil penalty proceedings against X in December last year. If found non-compliant, X could be fined up to AUD $780,000 per day, backdated to March 2023, when the determination of non-compliance was made.

Perhaps the biggest controversy between X and eSafety centres on the highly charged and subective issue of gender ideology.

Inman Grant has enforced the removal of a string of posts on X questioning gender ideology, including one suggesting that men can’t breastfeed, and another about a trans-identified male who allegedly injured female players during a women’s football game in NSW.

In an internationally high-profile case, the Commissioner recently issued a removal notice over an acerbic gender-critical post by Canadian activist Billboard Chris, raising questions over whether the Government should be able to police opinions and censor statements of biological fact on the internet.

FSU Australia is currently involved in Administrative Appeal Tribunal proceedings on behalf of Billboard Chris (real name Chris Elston) against the eSafety Commissioner. Additionally, X has threatened to sue eSafety over the matter.

Source: X

Returning to the issue of the Wakeley stabbing footage, Inman Grant’s attempt to globally ban the content has been supported by the Australian Government, which leveraged the incident to call for more censorship, including the reintroduction of an unpopular misinformation bill.

Prime Minister Anthony Albanese has also responded to calls to address violence against women by proposing to further expand eSafety’s budget and remit, which could see deep fake pornography and “other misogynistic material” censored by the regulator.

No one will argue against explicit pornography being blocked from children’s view, but it is around the grey edges of definition creep on terms like ‘harm,’ ‘adult cyber abuse,’ and ‘misogynistic material’ where disagreements will undoubtedly kick off.

In a move of ‘no confidence’ against eSafety, FSU Australia has launched a petition to abolish the office of the eSafety Commissioner altogether, arguing that a combination of parental controls and platform incentives will suffice in keeping children safe on the internet.

A more moderate approach may be to curtail eSafety’s remit to its original function of dealing with child abuse content (as in 2015), and revenge porn (as in 2017), before the regulator’s purview and powers were significantly expanded with the introduction of the Online Safety Act in 2021.

However, in the media and political conversation, there is little appetite for a moderate approach, as conveyed in a viral guest appearance by media personality Tracey Holmes on a recent episode of the ABC’s failing show Q+A.

Calling out the double standard in the censorship conversation, Holmes told the studio audience,

“I don’t agree with any kind of censorship in a general sense. I don’t think Elon Musk is contributing to any social cohesion split inside this country. I think our mainstream media is doing enough of that. I think our politicians do enough of that…

“Of course there are fault lines everywhere, but there’s only one way you can stop those fault lines from getting bigger, and that is to have the ability to have the town square to hear different points of view…

“And I think unfortunately we’ve been fed ‘this side or that side’ for so long, people are giving up on mainstream media, that’s why they’re tuning out. That’s why they’re going to YouTube…we have let them down.”

Hopefully, some higher-ups in the corporate media tuned in to hear what Holmes had to say.

Read more about the judge’s decision

Republished from the author’s Substack

Author

  • Rebekah Barnett

    Rebekah Barnett is a Brownstone Institute fellow, independent journalist and advocate for Australians injured by the Covid vaccines. She holds a BA in Communications from the University of Western Australia, and writes for her Substack, Dystopian Down Under.

Brownstone Institute

The Media Refuses to Accept Covid Reality

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From the Brownstone Institute

By IAN MILLER

By late 2020, the media and public health establishment had two obsessions. One of their obsessions involved forcing the public to wear masks, even though the mountains of data and several studies had already confirmed that they don’t stop the transmission of respiratory viruses. The second obsession was forcing everyone to take Covid vaccines, regardless of their actual efficacy, risk of side effects, age or underlying health, or the vaccines’ rapidly waning efficacy.

Neither of those obsessions has abated, though even the most extreme, hardened Covid extremists have acknowledged that the vaccines were flawed, mandates were a mistake, and side effects should be acknowledged.

The media, unwilling to give up on the increased power, influence, and moral judgment it gained during the pandemic, has refused to accept that it effectively ended years ago.

So it’s no surprise that media outlets have noticed that, as we’ve seen every single summer since 2020, cases have increased, predominantly across the Western and Southern United States. Thankfully though, Los Angeles media, of course it had to be Los Angeles, has determined the culprit.

The Media Refuses to Accept Covid Reality

Turns out it’s not seasonality causing the increase, it’s outdated Covid vaccines and a lack of public masking, of course!

NBC Los Angeles “reported” that Covid cases in California and Los Angeles have “doubled” in the last month. This sounds horrifying and scary, doesn’t it? Yet it again, as is so often the case with Covid coverage, is misleading.

Let’s take a look at the current daily average of new cases in Los Angeles County:

Cases are so low they’re functionally indistinguishable from zero.

You can see why the media is scared, given how dramatic this surge appears to be compared to those in the previous four years. And thanks to NBC’s crack reporting and expert analysis, we know why this terrifying increase is happening. Spoiler alert: it’s all your fault that you haven’t controlled an uncontrollable respiratory virus with individual behavior that has no impact whatsoever on the spread of the coronavirus.

“People aren’t necessarily wearing masks; they’re not required to in certain places,” nurse practitioner Alice Benjamin, referenced as an expert by NBA LA said. “We’re traveling, we’re getting out for the summer. We also do have some reduced immunity. The vaccines will wane over time.”

Nowhere in the story is it mentioned that the massive jump in Covid cases in late 2021 and early 2022 happened immediately after LA County Public Health issued a press release celebrating the county for achieving 95+ percent masking rates at indoor businesses. No one seems willing or able to ask this nurse practitioner why she believes wearing masks would reduce this “surge,” if it failed so spectacularly in previous surges.

Endless Misinformation from ‘Experts’

She wasn’t done with the misinformation though. Benjamin warned that not enough Angelenos are getting the “updated” vaccine, which explains the summer increase.

“If you got it in October and later, that’s generally the updated vaccine,” Benjamin said. “If you got it prior to October, double check because if you did get the bivalent which has not been phased out, we recommend you do get an updated vaccine.”

And according to her, everyone should get it. Because the CDC said so.

“Per CDC recommendations, anyone 6 months or older should have at least one of the updated Covid vaccines,” Benjamin said.

Though, of course, no one on the crack NBC Los Angeles team thought to ask Benjamin why the “updated” October vaccine would help against the now common FLiRT variant when it emerged six months after the “updated” vaccine was released. Especially when the “study” process for booster doses is effectively nonexistent anyway. Pfizer and Moderna churn out a “targeted” dose that is supposed to protect against a variant that’s no longer circulating, never has to show any real-world benefit, and the regulatory agencies sign off on it, while the CDC recommends everyone get it.

Rinse, repeat.

Nor did anyone ask her what possible rationale there could be for forcing six-month-old babies to get vaccinated with a booster that has no studied efficacy against the currently circulating variant.

Her comments and the media reaction exemplify the problems with Covid discourse that started in 2020 and will apparently continue forever. A complete and purposeful ignorance of the facts, the data, and the evidence base. A willingness to advocate for the same sort of restrictions and interventions that have already failed. Ignorance of the booster process and endless appeals to public health authorities. Even though those authorities have made countless mistakes and refused to update their findings after being proven wrong.

The obvious question is: How does this type of absurdist discourse ever end? The answer, as we continue to see, is it doesn’t.

Republished from the author’s Substack

Author

Ian Miller is the author of “Unmasked: The Global Failure of COVID Mask Mandates.” His work has been featured on national television broadcasts, national and international news publications and referenced in multiple best selling books covering the pandemic. He writes a Substack newsletter, also titled “Unmasked.”

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Brownstone Institute

Censorship and the Corruption of Advertising

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From the Brownstone Institute

The most powerful companies in the world have united against free speech, and they’ve deployed your tax dollars to fund their mission.

Last week, the House Judiciary Committee released a report on the little-known Global Alliance for Responsible Media (GARM) and its pernicious promotion of censorship. GARM is a branch of the World Federation of Advertisers (WFA), a global association representing over 150 of the world’s biggest brands, including Adidas, British Petroleum, Nike, Mastercard, McDonald’s, Walmart, and Visa.

The WFA represents 90% of global advertising spending, accounting for almost $1 trillion per year. But instead of helping its clients reach the broadest market share possible, the WFA has appointed itself a supranational force for censorship.

Rob Rakowitz and the Mission to Supplant the First Amendment

Rob Rakowitz, the leader of the WFA, holds a particular disdain for free speech. He has derided the First Amendment and the “extreme global interpretation of the US Constitution,” which he dismissed as “literal law from 230 years ago (made by white men exclusively).”

Rakowitz led GARM’s effort to boycott advertising on Twitter in response to Elon Musk’s acquisition of the company. GARM bragged that it was “taking on Elon Musk” and driving the company’s advertising income “80% below revenue forecasts.”

Rakowitz also championed the unsuccessful effort to have Spotify deplatform Joe Rogan after he expressed skepticism for young, healthy men taking the Covid vaccine. Rakowitz attempted to intimidate Spotify executives by demanding to hold a meeting with them and a team that he said represented “P&G [Proctor and Gamble], Unilever, Mars,” and five advertising conglomerates. When a Spotify employee said he would meet with Rakowitz but not his censorsial consortium, Rakowitz forwarded the message to his partner, writing “this man needs a smack” for denying his demands.

The WFA extended its efforts to direct manipulation of the news market. Through a partnership with the taxpayer-funded Global Disinformation Index, GARM launched “exclusion lists,” which created de facto boycotts from advertising on “risky” sites, which it described as those that showed the “greatest level of disinformation risk.” These lists included the New York Post, RealClearPolitics, the Daily Wire, TheBlaze, Reason Magazine, and The Federalist. Left-wing outlets, such as the Huffington Post and Buzzfeed News, were placed on the list of “Least risky sites,” which facilitated increased advertising revenue.

GARM, the WFA, and Rakowitz is the latest scandal demonstrating the destruction of our liberties at the hands of consolidated power. Like the Trusted News Initiative or the Biden White House’s censorship efforts, the aim is to remove all sources of dissent to pave the way for the further corporatization of the oligarchy that increasingly replaces our republic.

The WFA’s Attack on Democracy

Just as Rakowitz could not hide his contempt for the First Amendment, WFA CEO Stephan Loerke demanded that his conglomerate overtake the democratic process.

In preparation for the Cannes Lions Festival (a gathering of billionaires and multinational corporations in the South of France every June), Loerke released a statement demanding companies “stay the course on DEI and sustainability.” According to Loerke, these policies must include responses to “climate change” and the promotion of “net zero” policies,” which have already wreaked havoc on Europeans’ quality of life.

Loerke wrote: “If we step back, who will push for progress on these vital areas?” Though he suggests the answer must be nobody, traditionally self-governing countries would charter their own courses in those “vital areas.” And in that paradigm, the corporation would be subordinate to the state.

But instead, the WFA has inverted that system. Through its clients, the trillion-dollar behemoth extracts money from governments and then deploys those funds to demand that we accept their reshaping of our culture. The parasite becomes the arbiter of “progress,” eroding the society responsible for its very existence.

As the WFA sought to punish any groups that criticized the Covid response, its client Abbott Laboratories received billions of dollars in federal funding to promote Covid tests in the US Army. As Loerke demands “net zero” policies that will unravel the Western way of life, WFA patrons like DellGEIBM, and Microsoft receive billions in revenue  from the US Security State.

The organization is fundamentally detached from traditional advertising, which aims to connect businesses with consumers to sell products or services; instead, it is a force for geopolitical and cultural manipulation.

Perhaps no WFA client better represents this phenomenon than AB InBev, the parent company to Bud Light, which destroyed billions of dollars in market value last year after selecting Dylan Mulvaney as the icon for its advertising campaign.

On its surface, the selection of Mulvaney as a spokesman appeared to be the result of an executive class detached from their clientele. But Rakowitz and the WFA reveal a deeper truth; they don’t misunderstand the public, they loathe them.

The organization is a force designed to punish them for their unfavorable, unapproved belief systems. It is an attack on the freedoms written into our Constitution as “literal law from 230 years ago,” as Rakowitz scoffed. The mission is to eviscerate “the right to receive information and ideas,” as our Supreme Court recognized in Stanley v. Georgia, and to make our republic subservient to its corporate oligarchy.

The stakes here are very high. The economic revolution of the 15th century and following was about a dramatic shift in decision-making, away from elites and toward the common people. With that came a wider distribution of property and rising wealth over many centuries, culminating in the late 19th century. Along with that came a shift in the focus of marketing, away from elites and toward everyone else.

The consolidation of advertising and its control by states strikes at the very heart of what free economies are supposed to be about. And yet, states that desire maximum control over the public mind must go there. They must gain full hegemony and that includes advertising. It should be stopped before it is too late to restore freedom over corporatism.

Author

Brownstone Institute is a nonprofit organization conceived of in May 2021 in support of a society that minimizes the role of violence in public life.

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