8 December 2025
John Smith
eSafety ref: FOI 25217
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Applicant
Decision on your freedom of information request
I refer to your request to the eSafety Commissioner (eSafety) for access to documents under
the
Freedom of Information Act 1982 (Cth) (FOI Act).
On 8 October 2025, you requested:
...removal notices issued in relation to any of the following videos:
- Video depicting the killing of Iryna Zarutska
- Video depicting the killing of Charlie Kirk
- Video depicting the killing of Chandra Mouli Nagamallaiah
Decision
I am authorised under section 23(1) of the FOI Act to make decisions under that Act.
I have identified six documents that fall within the scope of your request. I have decided to:
• release two documents in full
• exempt parts of four documents from release under section 47G of the FOI Act.
I also note that part of your request relates to material excluded from the operation of the
FOI Act, which has also been redacted.
Searches for documents The FOI Act requires that all reasonable steps must be taken to find documents relevant to an
FOI request. Searches for documents were undertaken by eSafety’s Illegal and Restricted
Content Team across the internal systems of eSafety’s Investigations Branch.
Email: xxx@xxxxxxx.xxx.xx
I am therefore satisfied all reasonable steps were taken to find documents relevant to your
request.
Reasons for decision I have taken the following material into account in making my decision:
• the scope of your request
• the information contained in documents relevant to your request
• the relevant provisions of the FOI Act, including sections 7(2) and 47G
• consultation with eSafety personnel and affected third parties
• the guidelines issued by the Australian Information Commissioner under section 93A
of the FOI Act.
The attached schedule of documents provides a description of each document and my
decision on access for each one.
Section 47G of the FOI Act – business information
Section 47G of the FOI Act provides that a document is conditionally exempt if its disclosure
would disclose information concerning the business, commercial or financial affairs of an
organisation, in a case in which the disclosure of information:
• would, or could reasonably be expected to, unreasonably affect organisation or
undertaking in respect of its lawful business, commercial or financial affairs; or
• could reasonably be expected to prejudice the future supply of information to the
Commonwealth or an agency for the purpose of the administration of a law of the
Commonwealth or of a Territory or the administration of matters administered by an
agency.
The documents marked with ‘s 47G’ in the schedule contain the URL to an X webform used
by government authorities and law enforcement to request the removal of content. This
webform is not intended to be publicly accessible.
I consider that the release of this information would, or could reasonably be expected to,
unreasonably affect X in respect of its lawful business affairs. The release of this information
may lead to public access of the webform which could potentially lead to the public
reporting content using the webform or contacting X for unrelated purposes. This would limit
X’s ability to efficiently identify and respond to content removal requests from government
authorities and law enforcement.
I therefore consider that parts of the relevant documents are conditionally exempt from
release under section 47G of the FOI Act.
Email: xxx@xxxxxxx.xxx.xx
Public interest considerations – 47G
Under section 11A of the FOI Act, access to a document covered by a conditional exemption
must be given unless access to the document would, on balance, be contrary to the public
interest.
Section 11B(3) of the FOI Act sets out matters favouring access that must be taken into
account in considering whether release is in the public interest.
For the material identified above as conditionally exempt, I consider that disclosure would
generally promote the objectives of the FOI Act.
Against release, I consider there is negligible public interest in publishing the information and
that the public interest in preserving the integrity of X’s operational procedures, particularly
those pertaining to online safety measures, significantly outweighs any public interest in
favour of releasing this information.
On balance, I consider there are overriding public interest factors against disclosure of the
material identified as conditionally exempt. I have therefore decided this material is exempt
from disclosure under section 47G of the FOI Act.
Section 7(2) of the FOI Act – Class 1 material
Each of the documents contain records of, and URLs linking to, Class 1 material as defined in
the
Online Safety Act 2021 (Cth), specifically material that advocates terrorism and has been
or is likely to be classified Refused Classification (RC) by the Australian Classifications Board.
This material is ‘exempt online content scheme material’ as defined in section 4 of the FOI
Act. Section 7(2) and Schedule 2, Part II of the FOI Act together provide that the following
documents are exempt from the operation of the FOI Act:
• documents that contain Class 1 material or a ‘record’ of such material
• documents that set out how to access, or that is likely to facilitate access to material
of this nature, including e.g. URLs.
As such, I have redacted URLs and adjoining descriptions of Class 1 material pursuant to
section 7(2) of the FOI Act.
I have not taken into account any of the ‘irrelevant factors’ set out in section 11B(4) of the
FOI Act.
Yours faithfully
Manager, Legal – Business Services
Attachments
1. Schedule of documents
2. Rights of review
Email: xxx@xxxxxxx.xxx.xx
ATTACHMENT 1: SCHEDULE OF DOCUMENTS
Number
Date
Description
Decision on access
Exemptions or
deletions
1
12 September
Removal notice under section 109 of
2025
the
Online Safety Act 2021
Release in full
s 7(2)
2
13 September
Removal notice under section 109 of
2025
the Online Safety Act 2021
Release in part
s 7(2), s 47G
3
17 September
Removal notice under section 109 of
2025
the Online Safety Act 2021
Release in full
s 7(2)
4
25 September
Removal notice under section 109 of
2025
the Online Safety Act 2021
Release in part
s 7(2), s 47G
5
26 September
Removal notice under section 109 of
2025
the Online Safety Act 2021
Release in part
s 7(2), s 47G
6
26 September
Removal notice under section 109 of
2025
the Online Safety Act 2021
Release in part
s 7(2), s 47G
eSafety.gov.au
