Australia weighs blocking US execution livestream amid warning of diplomatic fight

Greens urge eSafety action over December broadcast as X's record of court challenges clouds enforcement

By LineZotpaper
Published
Read Time2 min
Sources2 outlets
Australia's online safety regulator could try to stop Australians from watching a planned livestream of a US military execution in early December, but a history of court battles with social media platforms suggests any attempt would trigger a very public fight and possibly a diplomatic incident with Washington.

US Defence Secretary Pete Hegseth announced last week that the execution of Fort Hood shooter Nidal Hasan would be livestreamed when the military execution is carried out. The Greens have called on eSafety Commissioner Julie Inman Grant and the Albanese government to ensure Australians cannot see the event on television or their devices.

Under the Online Safety Act, the eSafety commissioner can order platforms such as Facebook, Instagram and X to block Australians from accessing content deemed "refused classification" under Australian classification law. The designation is typically applied to extreme violent material online such as terror attack footage, but it could be applied to clips of the execution after the fact.

Some companies, including Meta, will probably enforce their own terms of service and prevent the video from circulating. But history suggests others will take the opposite position. X, owned by Elon Musk, has a long record of legal challenges against eSafety over such content. In 2024, X succeeded in keeping footage of the stabbing of a Sydney bishop available to Australians. It later won an appeal to have the classification of video of the assassination of rightwing influencer Charlie Kirk at Utah Valley University downgraded from refused classification to R18+, and won a similar case over footage of an attack on Iryna Zarutska on a train in Charlotte, North Carolina.

The eSafety framework stems from laws passed by the then Coalition government in 2019 in the wake of the Christchurch terror attack.

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Analysis

Why This Matters

  • The decision determines whether Australians can watch a US state execution in real time on their devices and televisions.
  • The episode tests the ability of Australia's Online Safety Act to constrain global platforms that have repeatedly challenged the regulator in court.
  • Blocking the broadcast risks a diplomatic dispute with Washington over a politically charged event.

Background

The Online Safety Act gives the eSafety Commissioner powers to order platforms to block content that Australian authorities classify as refused classification, a rating reserved for the most extreme material, typically terror-related violence. The framework was tightened by laws passed in 2019 after the Christchurch terror attack, which was livestreamed online. X has since been the most visible legal opponent of the regulator, challenging orders in court. In two recent appeals, classifications were downgraded from refused classification to R18+, allowing footage to remain accessible to Australian adults.

Key Perspectives

The Greens: They want the livestream blocked entirely so Australians cannot watch the execution on any platform, and have called on the government to act. The eSafety Commissioner: Julie Inman Grant holds statutory powers to order platforms to block refused classification content, but enforcement is contested and can be drawn out through legal appeals. X and Elon Musk: The platform has a track record of fighting eSafety orders in court, including successful appeals to downgrade RC ratings, suggesting it may resist any order over the execution footage. Meta: The company is expected to apply its own terms of service and prevent the video from circulating on its platforms without the need for regulation. US officials: The Pentagon has announced the livestream as planned policy, and the Guardian reports the episode could draw US political criticism of Australia.

What to Watch

  • Whether eSafety issues a formal order against the livestream or waits to act on clips after the fact.
  • Whether X allows the execution to be broadcast to Australian users and then challenges any order in court.
  • The reaction from Washington if Australia moves to block the broadcast before the execution in early December.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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