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.
@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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@Ilandar Most major platforms are based in the US.
A DMCA request basically means the flagged content is taken down globally, not just for the US.
If the person who uploaded that content is not a US citizen, it still gets pulled.
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