The planned livestream of Nidal Hasan’s military execution has placed Australia’s online safety regulator and the Albanese government under pressure to prevent people in Australia from watching it.
The Greens have urged eSafety Commissioner Julie Inman Grant and the government to stop the broadcast from being seen on Australian television, social media and other devices.
Under Australia’s Online Safety Act, the commissioner can order platforms including Facebook, Instagram and X to restrict Australians’ access to material classified as refused classification. Australian laws also allow notices to be issued to websites hosting footage of actual violent crimes, including murder, rape and torture. The powers were developed after the Christchurch terrorist attack and were used in 2022 to order the removal of footage and related material from the Buffalo attack. The regulator has not previously used its power to declare an online crisis event requiring internet providers to block sites.
The classification rules could potentially apply to recordings of the execution after it occurs, while individual platforms may impose their own restrictions. X has not indicated whether it would allow the footage and has previously challenged eSafety orders, including over videos of a Sydney church stabbing and other violent attacks. The regulator is separately pursuing Telegram in Federal Court, alleging that it left terrorist execution videos and other pro-terror material available after receiving complaints. The case could result in a civil penalty of up to A$54. 6 million, with the hearing scheduled for February.
Any Australian attempt to block the stream could trigger a political and legal confrontation in the United States. Inman Grant’s term ends in January, and she has said she will not seek another term. Republican congressman Jim Jordan and other Trump-aligned politicians have accused her of threatening American speech through international takedown demands, claims she has rejected. She declined an invitation to appear before a US congressional hearing. The regulator has not announced what action it would take if the execution is livestreamed, leaving a possible decision involving platform restrictions, website takedowns or government intervention.