Critic of trans ideology not guilty of cyber bullying, Oz tribunal rules

Australia’s online safety watchdog had no right to censor a gender critic’s social media post flagging grave concerns about an influential trans activist, a tribunal has ruled.

The eSafety Commissioner ordered that the post by Canadian campaigner Chris Elston, in which he criticised the proposed appointment of Teddy Cook — a woman who identifies as a man — to a World Health (WHO) Committee on transgender healthcare, be removed.

But last week, Damien O’Donovan, Deputy President at the Administrative Review Tribunal, overturned the ban, stating that online safety legislation in Australia was not designed to police legitimate debate.

‘Removal notice’

In February 2024, Elston — known as @BillboardChris on social media — posted a link on X to a Daily Mail article highlighting Cook’s history of promoting sexual fetishes and even bestiality.

Elston tweeted: “This woman (yes, she’s female) is part of a panel of 20 ‘experts’ hired by the @WHO to draft their policy on caring for ‘transpeople.’

“People who belong in psychiatric wards are writing the guidelines for people who belong in psychiatric wards.”

Following a complaint by Cook, an Australian citizen, to the eSafety Commission about the post, the content was deemed to be “cyber-abuse” under the Online Safety Act 2021 and a “removal notice” was issued.

Legitimate debate

In his decision, O’Donovan said he was satisfied that when Elston “classifies a person as either a man or a woman, he determines which classification to use by reference to their biological sex at birth, rather than the gender related characteristics that they currently express.”

He continued: “I am satisfied that he believes doing otherwise has implications for the rights and safety of women and children. I am satisfied that he knows that his practice in this regard is offensive to people who identify as transgender.”

He also said that in “regulating cyber-abuse of an Australian adult, the Parliament was not seeking to control or regulate debate on controversial issues, nor to manage or set minimum standards of courtesy as to how such debates should be conducted”.

The Deputy, setting aside the removal notice, ruled: “I am not satisfied that an ordinary reasonable person would conclude that it was likely that Mr Elston intended the post to have an effect of causing serious harm” to the trans activist.

Free speech victory

Religious freedom organisation ADF International, which represented Elston, described the Tribunal’s decision as a victory for “every citizen who values the fundamental right to free speech”.

Elston said: “I’m grateful that truth and common sense have prevailed. This decision sends a clear message that the government does not have authority to silence peaceful expression.

“My mission is to speak the truth about gender ideology, protecting children across the world from its dangers. With this ruling, the court has upheld my right to voice my convictions—a right that belongs to every one of us.”

Last month, he was cleared of an $800 (AUD) fine he was issued for speaking to people in Brisbane while holding a sign stating “Children cannot consent to puberty blockers”. He was recently arrested in Brussels for carrying a sign with the same message.