A Canadian anti-trans activist is testing the Australian online regulator’s power to censor an X post allegedly bullying a trans man, arguing the removal notice issued to Elon Musk’s platform was overreach on a political statement.
In March last year, eSafety sent a notice to X requesting that a tweet by a prominent anti-trans user, “Billboard Chris”, AKA Chris Elston, about an Australian trans man and leading LGBTQ+ health expert be taken down.
The post linked to a Daily Mail article about the person and his involvement in the World Health Organization, and Elston’s tweet read “people who belong in psychiatric wards are writing the guidelines for people who belong in psychiatric wards”.
The regulator said it should be removed on the grounds it was in breach of Australia’s Online Safety Act. It was determined to be cyber abuse directed at an Australian adult, given it was found to misgender him, mock his gender identity and equated transgender identity with a psychiatric condition.
X made the tweet unavailable in Australia but vowed to appeal and, alongside Elston, challenged the order in the administrative review tribunal.
In opening arguments on Monday, Elston’s counsel, Stephen Moloney, said the commissioner was “purporting” to stop Elston from speaking about “the probity and wisdom of a certain gender ideology in Australia” and “about the protection of children”.
Moloney said the trans man was, like his client, an activist.
“He’s not a private man going about his own life, doing the things that any person in private wishes to do.”
After in his initial comments using “he” pronouns for the trans man, Moloney then asked the tribunal to reflect that “it should have been she”.
Moloney said the takedown notice was regulatory overreach, and the tweet did not meet the threshold of cyber abuse of an adult under the Online Safety Act.
Counsel for X argued the tweet was political, and designed to raise questions about gender, and was to be viewed as effectively a cover note for linking to the Daily Mail article.
Counsel for the eSafety commissioner, Christopher Tran, said that even if Elston’s tweet was to make a political point, that was not mutually exclusive with an intent of having an effect of causing serious harm. Tran noted the provocative language used, and the sharing of the trans man’s workplace and personal photos that were contained in the Daily Mail article.
There were more than 100 people viewing the live stream on Monday, and the hearing was interrupted early on after someone was alleged to be posting screenshots of the stream on social media.
Elston’s case has been supported by conservative advocacy groups the Alliance Defending Freedom International and the Australian Christian Lobby affiliate, the Australian Human Rights Law Alliance.
The hearing continues, with Elston and others expected to give evidence later in the week.
