Canadian campaigner Chris ‘Billboard Chris’ Elston has been vindicated in what has been described as a “victory” for free speech after the Administrative Review Tribunal found in his favour in relation to an X post he’d made that was subsequently censored under Australia’s Online Safety Act.
The February 2024 post on social media platform X saw Mr Elston refer to World Health Organisation (WHO) “expert” appointee Teddy Cook by the pronouns corresponding to her sex, rather than her preferred male pronouns – a post Australia’s eSafety Commissioner deemed to constitute “cyber abuse”.
The commissioner subsequently ordered X to remove the post, an order that was initially refused, before blocking the post for users in Australia.
Mr Elston, together with X, challenged the order on the basis that it was a violation of the principle of free speech.
The Administrative Review Tribunal held a week-long hearing in April this year, and today found that the commissioner incorrectly designated Mr Elston’s post “cyber abuse”.
As a result, the Tribunal set aside the decision to censor the post.
Upon reviewing the post’s contents, the Tribunal found that it was unlikely Mr Elston’s post was intended to harm Cook, but was rather in keeping with his “universal practice”:
“He [Mr Elston] misgendered Mr Cook because it is his universal practice to refer to people who identify as trans by pronouns and descriptors that correspond to their biological sex at birth. He does this to reflect his belief that doing otherwise involves an untrue statement and because doing otherwise has implications for the rights and safety of women and children,” the Tribunal found.
“I’m grateful that truth and common sense have prevailed,” Mr Elston said following the Tribunal’s decision.
“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. My post should never have been censored in Australia, but my hope is that authorities will now think twice before resorting to censorship,” he said.
Similarly, Executive Director of ADF International, the coordinator of Mr Elston’s legal challenge, Paul Coleman described the result as “a victory not just for Billboard Chris, but for every Australian—and indeed every citizen who values the fundamental right to free speech”.
“This is a decisive win for free speech and sets an important precedent in the growing global debate over online censorship. In this case, the Australian government alarmingly censored the peaceful expression of a Canadian citizen on an American-owned platform, evidence of the expansive reach of censorial forces, even beyond national borders.
“Today, free speech has prevailed,” Mr Coleman said.