this post was submitted on 25 Apr 2024
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Do Australian courts have the right to decide what foreign citizens, located overseas, view online on a foreign-owned platform?

Anyone inclined to answer “yes” to this question should perhaps also ask themselves whether they are equally happy for courts in China, Russia and Iran to determine what Australians can see and post online in Australia.

This is the problem with global “take-down orders”, an issue we now must confront in light of the Australian eSafety commissioner demanding that social media platform X (formerly Twitter) remove videos of a violent stabbing at a church in Sydney.

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[–] shirro@aussie.zone 6 points 1 year ago* (last edited 1 year ago) (6 children)

It is reasonable for courts and legislation to have powers to protect victims of crime and their families from distribution of images and video of their suffering. It is a secondary victimization. How far that protection should extend is up for public debate. Our courts have a limited jurisdiction and it is just a matter of fact that we can't enforce our domestic laws outside out borders anymore than an autocracy can suppress foreign reporting of their human rights abuses as much as they may try.

We broadly have two fairly obvious sets of international agreements that can get material taken down through most of the world. The first is child abuse material and the second is IP infringement.

Be a 24 year old Aussie battler with a part time job. Copy a Japanese manufacturer's shitty kid's game. You now owe $1.5 million dollars. Copyright is enforceable in practically every jurisdiction we care about.

Find the person who took the video, fairly compensate them for the rights, then issue a DMCA notice to Twitter. Job done. Censorship already exists. It is called IP rights and is enforced internationally through treaties.

I think we could have an argument that on the scale of stuff that should be censored to stuff that shouldn't, protecting adult victims of violent crime seems like it should fall somewhere between child abuse and IP rights. It is a straw man argument to lump it in with the censorship demanded by authoritarian states.

[–] ajsadauskas@aus.social 6 points 1 year ago* (last edited 1 year ago) (3 children)

@shirro @MHLoppy @australia The irony here is that the Digital Millennium Copyright Act is a piece of US legislation that is regularly used to take down content globally. Even when it's posted by people who aren't Americans.

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