Brownstone Institute
Musk Wins Latest Censorship Battle in Australia
US billionaire Elon Musk, Australian eSafety Commissioner Julie Inman Grant
From the Brownstone Institute
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.
“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.
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.
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.
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
From the Brownstone Institute
By
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
From the Brownstone Institute
We’ve just come across a document hosted by the Department of Homeland Security, posted March 2023, but written in 2007, that amounts to a full-blown corporatist imposition on the US, abolishing anything remotely resembling the Bill of Rights and Constitutional law. It is right there in plain sight for anyone curious enough to dig.
There is nothing in it that you haven’t already experienced with lockdowns. What makes it interesting are the participants in the forging of the plan, which is pretty much the whole of corporate America as it stood in 2007. It was a George W. Bush initiative. The conclusions are startling.
“Quarantine is a legally enforceable declaration that a government body may institute over individuals potentially exposed to a disease, but who are not symptomatic. If enacted, Federal quarantine laws will be coordinated between CDC and State and local public health officials, and, if necessary, law enforcement personnel…The government may also enact travel restrictions to limit the movement of people and products between geographic areas in an effort to limit disease transmission and spread. Authorities are currently reviewing possible plans to curtail international travel upon a pandemic’s emergence overseas.
“Limiting public assembly opportunities also helps limit the spread of disease. Concert halls, movie theaters, sports arenas, shopping malls, and other large public gathering places might close indefinitely during a pandemic—whether because of voluntary closures or government-imposed closures. Similarly, officials may close schools and non-essential businesses during pandemic waves in an effort to significantly slow disease transmission rates. These strategies aim to prevent the close interaction of individuals, the primary conduit of spreading the influenza virus. Even taking steps such as limiting person-to-person interactions within a distance of three feet or avoiding instances of casual close contact, such as shaking hands, will help limit disease spread.”
There we have it: the pandemic plans. They once seemed abstract. In 2020, they became very real. Your rights were deleted. No more freedom even to have house guests. In those days, the rule was to enforce only three feet of distance rather than six feet of distance, neither of which had any basis in science. Indeed, the actual scientific literature even at that time recommended against any physical interventions designed to limit the spread of respiratory viruses. They were known not to work. The entire profession of public health accepted that.
Therefore, for many years before lockdowns wrecked economic functioning, there had been two parallel tracks in operation, one intellectual/academic and one imposed by state/corporate managers. They had nothing to do with each other. This situation persisted for the better part of 15 years. Suddenly in 2020, there was a reckoning, and the state/corporate managers won it. Seemingly out of nowhere, liberty as we have long known it was gone.
Back in 2005, I first came across a Bush administration scheme, an early draft of the above, that would have ended freedom as we know it. It was a scheme for combating the bird flu, which officials back then imagined would involve universal quarantines, business and event closures, travel restrictions, and more.
I wrote: “Even if the flu does come, and taxpayers have coughed up, the government will surely have a ball imposing travel restrictions, shutting down schools and businesses, quarantining cities, and banning public gatherings…It is a serious matter when the government purports to plan to abolish all liberty and nationalize all economic life and put every business under the control of the military, especially in the name of a bug that seems largely restricted to the bird population. Perhaps we should pay more attention. Perhaps such plans for the total state ought to even ruffle our feathers a bit.”
For years I wrote about this topic, trying to get others interested. It was all there in black and white. At the drop of a hat, under the guise of a pandemic that only state managers can declare, real or drummed up, freedom itself could be abolished. These plans were never legislated, debated, or publicly discussed. They were simply posted as the result of various consultations with experts, who worked out their totalitarian fantasies as if scripting a Hollywood film.
The 2007 blueprint is more explicit than anything I’ve seen. It comes from the National Infrastructure Advisory Council, which “includes executive leaders from the private sector and state/local government who advise the White House on how to reduce physical and cyber risks and improve the security and resilience of the nation’s critical infrastructure sectors. The NIAC is administered on behalf of the President in accordance with the Federal Advisory Committee Act under the authority of the Secretary of the US Department of Homeland Security.”
And who sat on this committee in 2007 that decided that governments “may close schools and non-essential businesses”? Let us see.
- Mr. Edmund G. Archuleta, General Manager, El Paso Water Utilities
- Mr. Alfred R. Berkeley III, Chairman and CEO, Pipeline Trading Group, LLC, and former President and Vice Chairman of NASDAQ
- Chief Rebecca F. Denlinger, Fire Chief, Cobb County (Ga.) Fire and Emergency Services
- Chief Gilbert G. Gallegos, Police Chief (ret.), City of Albuquerque, N.M. Police Department
- Ms. Martha H. Marsh, President and CEO, Stanford Hospital and Clinics
- Mr. James B. Nicholson, President and CEO, PVS Chemical, Inc.
- Mr. Erle A. Nye, Chairman Emeritus, TXU Corp., NIAC Chairman
- Mr. Bruce A. Rohde, Chairman and CEO Emeritus, ConAgra Foods, Inc.
- Mr. John W. Thompson, Chairman and CEO, Symantec Corporation
- Mr. Brent Baglien, ConAgra Foods, Inc.
- Mr. David Barron, Bell South
- Mr. Dan Bart, TIA
- Mr. Scott Blanchette, Healthways
- Ms. Donna Burns, Georgia Emergency Management Agency
- Mr. Rob Clyde, Symantec Corporation
- Mr. Scott Culp, Microsoft
- Mr. Clay Detlefsen, International Dairy Foods Association
- Mr. Dave Engaldo, The Options Clearing Corporation
- Ms. Courtenay Enright, Symantec Corporation
- Mr. Gary Gardner, American Gas Association
- Mr. Bob Garfield, American Frozen Foods Institute
- Ms. Joan Gehrke, PVS Chemical, Inc.
- Ms. Sarah Gordon, Symantec
- Mr. Mike Hickey, Verizon
- Mr. Ron Hicks, Anadarko Petroleum Corporation
- Mr. George Hender, The Options Clearing Corporation
- Mr. James Hunter, City of Albuquerque, NM Emergency Management
- Mr. Stan Johnson, North American Electric Reliability Council (NERC)
- Mr. David Jones, El Paso Corporation
- Inspector Jay Kopstein, Operations Division, New York City Police Department (NYPD)
- Ms. Tiffany Jones, Symantec Corporation
- Mr. Bruce Larson, American Water
- Mr. Charlie Lathram, Business Executives for National Security (BENS)/BellSouth
- Mr. Turner Madden, Madden & Patton
- Chief Mary Beth Michos, Prince William County (Va.) Fire and Rescue
- Mr. Bill Muston, TXU Corp.
- Mr. Vijay Nilekani, Nuclear Energy Institute
- Mr. Phil Reitinger, Microsoft
- Mr. Rob Rolfsen, Cisco Systems, Inc.
- Mr. Tim Roxey, Constellation
- Ms. Charyl Sarber, Symantec
- Mr. Lyman Shaffer, Pacific Gas and Electric,
- Ms. Diane VanDeHei, Association of Metropolitan Water Agencies (AMWA)
- Ms. Susan Vismor, Mellon Financial Corporation
- Mr. Ken Watson, Cisco Systems, Inc.
- Mr. Greg Wells, Southwest Airlines
- Mr. Gino Zucca, Cisco Systems, Inc.
- Department of Health and Human Services (HHS) Resources
- Dr. Bruce Gellin, Rockefeller Foundation
- Dr. Mary Mazanec
- Dr. Stuart Nightingale, CDC
- Ms. Julie Schafer
- Dr. Ben Schwartz, CDC
- Department of Homeland Security (DHS) Resources
- Mr. James Caverly, Director, Infrastructure Partnerships Division
- Ms. Nancy Wong, NIAC Designated Federal Officer (DFO)
- Ms. Jenny Menna, NIAC Designated Federal Officer (DFO)
- Dr. Til Jolly
- Mr. Jon MacLaren
- Ms. Laverne Madison
- Ms. Kathie McCracken
- Mr. Bucky Owens
- Mr. Dale Brown, Contractor
- Mr. John Dragseth, IP attorney, Contractor
- Mr. Jeff Green, Contractor
- Mr. Tim McCabe, Contractor
- Mr. William B. Anderson, ITS America
- Mr. Michael Arceneaux, Association of Metropolitan Water Agencies (AMWA)
- Mr. Chad Callaghan, Marriott Corporation
- Mr. Ted Cromwell, American Chemistry Council (ACC)
- Ms. Jeanne Dumas, American Trucking Association (ATA)
- Ms. Joan Harris, US Department of Transportation, Office of the Secretary
- Mr. Greg Hull, American Public Transportation Association
- Mr. Joe LaRocca, National Retail Federation
- Mr. Jack McKlveen, United Parcel Service (UPS)
- Ms. Beth Montgomery, Wal-Mart
- Dr. J. Patrick O’Neal, Georgia Office of EMS/Trauma/EP
- Mr. Roger Platt, The Real Estate Roundtable
- Mr. Martin Rojas, American Trucking Association (ATA)
- Mr. Timothy Sargent, Senior Chief, Economic Analysis and Forecasting Division, Economic and Fiscal Policy Branch, Finance Canada
In other words, big everything: food, energy, retail, computers, water, and you name it. It’s a corporatist dream team.
Consider ConAgra itself. What is that? It is Banquet, Chef Boyardee, Healthy Choice, Orville Redenbacher’s, Reddi-Wip, Slim Jim, Hunt’s Peter Pan Egg Beaters, Hebrew National, Marie Callender’s, P.F. Chang’s, Ranch Style Beans, Ro*Tel, Wolf Brand Chili, Angie’s, Duke’s, Gardein, Frontera, Bertolli, among many other seemingly independent brands that are all actually one company.
Now, ask yourself: why might all these companies favor a plan for lockdowns? Why might WalMart, for example? It stands to reason. Lockdowns are a massive interference with competitive capitalism. They provide the best possible subsidy to big business while shutting down independent small businesses and putting them at a huge disadvantage once the opening up happens.
In other words, it is an industrial racket, very much akin to interwar-style fascism, a corporatist combination of big business and big government. Throw pharma into the mix and you see exactly what came to pass in 2020, which amounted to the largest transfer of wealth from small and medium-sized business plus the middle class to wealthy industrialists in the history of humanity.
The document is open even about managing information flows: “The public and private sectors should align their communications, exercises, investments, and support activities absolutely with both the plan and priorities during a pandemic influenza event. Continue data gathering, analysis, reporting, and open review.”
There is nothing in any of this that fits with any Western tradition of law and liberty. Nothing. It was never approved by any democratic means. It was never part of any political campaign. It has never been the subject of any serious media examination. No think tank has ever pushed back on such plans in any systematic way.
The last serious attempt to debunk this whole apparatus was from D.H. Henderson in 2006. His two co-authors on that paper eventually came around to going along with lockdowns of 2020. Henderson died in 2016. One of the co-authors of the original article told me that if Dr. Henderson had been around, instead of Dr. Fauci, the lockdowns would never have taken place.
Here we are four years following the deployment of this lockdown machinery, and we are witness to what it destroys. It would be nice to say that the entire apparatus and theory behind it have been fully discredited.
But that is not correct. All the plans are still in place. There have been no changes in federal law. Not one effort has been made to dismantle the corporatist/biosecurity planning state that made all this possible. Every bit of it is in place for the next go-around.
Much of the authority for this whole coup traces to the Public Health Services Act of 1944, which was passed in wartime. For the first time in US history, it gave the federal government the power to quarantine. Even when the Biden administration was looking for some basis to justify its transportation mask mandate, it fell back to this one piece of legislation.
If anyone really wants to get to the root of this problem, there are decisive steps that need to be taken. The indemnification of pharma from liability for harm needs to be repealed. The court precedent of forced shots in Jacobson needs to be overthrown. But even more fundamentally, the quarantine power itself has to go, and that means the full repeal of the Public Health Services Act of 1944. That is the root of the problem. Freedom will not be safe until it is uprooted.
As it stands right now, everything that unfolded in 2020 and 2021 can happen again. Indeed, the plans are in place for exactly that.
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