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The Fine Line Between Safety and Overreach

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I questioned the Commissioner regarding her September trip to Stanford and meetings with US tech firms. She will provide a detailed log of her itinerary, speaking engagements, and total costs on notice. Australians deserve to know exactly how their money is being spent and what is being discussed behind closed doors.

I then queried the Minister regarding concerns raised by US House Judiciary Committee Chairman Jim Jordan about the Commissioner’s conduct. While I support protecting children from harm, we must be vigilant when unelected officials are labelled “extreme” by international peers.

Lastly, I was interested to know what the Commissioner’s philosophy was regarding censorship, noting the “enormous power” that has been given to her. She denied being a censor, stating she only acts on public complaints regarding “highly damaging” and “refused classification” material, specifically excluding political speech.

The eSafety Commissioner has enormous power over what you see and say online. I will continue to hold this agency to account to protect the rights of adult Australians from government overreach.

P.S. At one point during this session, Senator Green accidentally called me “Minister” – saying “maybe one day, if the LNP has their way.” She even joked that One Nation is already writing policy for the LNP! 😆😆

— Senate Estimates | December 2025

Transcript

CHAIR: Senator Roberts, I understand you have a few more questions.

Senator ROBERTS: Yes, just three. Commissioner, you visited Stanford University in September this year as part of a USA trip. Did Australian taxpayers fund that?

Ms Inman Grant: Yes, I went, and I met with eight of the AI companies and the social media companies. Then I spent a day and a half at the Trust and Safety Research Conference.

Senator ROBERTS: Could you please provide a log of meetings and a record of your speeches, or any other documentation, to assure taxpayers that their money was spent appropriately, as well as the total cost of the trip?

Ms Inman Grant: I sure can.

Senator ROBERTS: On notice.

Ms Inman Grant: Yes.

Senator ROBERTS: Thank you. You’ve already answered a question from Senator Whitten about the House Judiciary Committee chairman wanting you to testify, so I don’t need to cover that. Minister, does it concern you that your commissioner is engaging in conduct that is so extreme that the US Congress, specifically the House Judiciary Committee chairman, Jim Jordan, is alarmed?

Senator Green: Minister, I think the eSafety Commissioner’s address—

Senator ROBERTS: I’m not a minister.

Senator Green: Sorry, Senator—maybe one day, if the LNP has their way.

*Senator Henderson interjecting—*

Senator Green: You never know. They wrote your net zero policy, so you never know. We are very proud of the reforms that we are undertaking. To be fair, I’m sure the coalition was very proud of the steps that they took in terms of online safety when the eSafety Commissioner was established. For the most part, we have had bipartisan support for these types of reforms, because they keep Australians safe. The social media ban or minimum age will seek to keep our children safe. It’s incredibly important. I know you come in here quite often talking about the safety of children and wanting to keep harmful material away from them. That is the work of the eSafety Commissioner. It’s open to other governments or other people in other parliaments to have their judgment of it, but from an Australian government point of view we are very proud of the work that she does.

Senator ROBERTS: Commissioner, you said earlier, in roughly these words, that you’ve never claimed to censor the net globally. Why do you think people think this?

Ms Inman Grant: We talked about Elon Musk’s tweet that said she’s the eSafety commissar trying to globally regulate the internet, and then Ben Fordham then picked it up, and it’s just had a life of its own.

Senator ROBERTS: I’ve complimented your office on its work in protecting children, quite clearly. There are other concerns we have with your work because it can cause consequences for adults that we don’t like, but it’s not appropriate to discuss it here. What’s your philosophy on censorship?

Ms Inman Grant: My philosophy is I’m not a censor. I respond to complaints from the public. We received many about the Charlie Kirk assassination and about the stabbing of Iryna Zarutska on a train where she bled to death and the decapitation of the Dallas hotel owner. If you think that that’s overstepping when that’s something that’s highly damaging and was determined—

Senator ROBERTS: No, I didn’t say that. I was wanting to know your thoughts on censorship—that’s all—because you’ve got enormous power.

Ms Inman Grant: My thoughts on censorship? Well, what has been helpfully built into the Online Safety Act is that we’re not regulating for political speech or commentary. It’s where either online invective or imagery veers into the lane of serious harm. You provide us with thresholds. Sometimes those thresholds are tested and sometimes they’re a grey area, but I think we help thousands of people every year. We’re doing world-leading work that the rest of the governments around the world are following. I think we’re punching above our weight. We’re a very small agency given the size of our population. So I guess I don’t have a view. I don’t see myself as a censor. I don’t tell you what you can or can’t say unless it’s refused classification or it’s trying to silence someone else’s voice by targeted online abuse that reaches the threshold of adult cyberabuse.

Senator ROBERTS: Thank you. Lastly, I think it was Mr Fleming who invited us to have a briefing. We haven’t forgotten. We’d like to do that, but we’ve been a bit busy. We will do it one day.

Mr Fleming: Maybe in the new year. The offer still stands.

Senator ROBERTS: Thank you

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Letter to Home Affairs Minister: Foreign Departure Ban

Dear Minister

I write in support of Mr Martin Thomson and his son Harry’s application for an exemption from the overseas travel ban to travel from Australia to Scotland.  Separately, and without impinging on that request, I ask the government to adopt a more supportive approach to persons wishing to travel from Australia.

Mr Martin Thomson

I am informed of the following:

Martin Thomson is a UK National with permanent residency in Australia.  I believe it is important to note that Mr Thomson is a non-citizen trying to leave Australia.  Mr Thomson’s father, James, is in Scotland and has prostate cancer.  James is on treatment for his cancer and does not know how long he has to live.  Mr Thomson’s mother, Susanna, is unable to drive and has arthritis which makes caring for James very difficult.  Mr Thomson wishes to leave the country with his son to care for and see his father, in what may be the final stages of his life.

Mr Thomson has booked a one-way flight back to the UK for both him and his son, has resigned from his workplace in Australia and will be freighting his belongings in Australia back to the UK.  He understands the quarantine requirements in the UK upon arrival, due to his stopover in Dubai, and has undertaken to comply with them fully.

I have seen handwritten letters from Mr Thomson’s parents pleading for our government’s compassion on this issue.  Susanna writes, “… my arthritis is making everything harder! I do need them home very badly!  To help!” Heartbreakingly, 80 year old James writes, “I do not know how long I have to live and as you can imagine I am in my later years, I would dearly love to see my son and grandson back home in Scotland before I pass on out of this life”. 

I struggle to think of circumstances that deserve our compassion as much as the one Mr Thomson finds himself in.  We are Australians and we pride ourselves on fairness.  Allowing people to leave this country to take care of dying family members is the absolute least we can do to live up to that pride.

I ask and encourage in the sincerest terms possible that the Government consider favourably the applications of Mr Thomson and his son, and also any others who find themselves in similar circumstances.

Let people leave

Separately to my support of Mr Thomson and his son’s application, I wish to request that the government relax its restrictions on people exiting the country.  Many Australians are not aware the government has currently banned them from leaving the country without a permit.

I understand that of the more than 90,000 applications made to leave the country from 25 March to 31 July, Australian Border Force has approved 22,640, around only 1 in 4.  As far as we know, Australia is the only liberal democracy in the world with a blanket ban on citizens, let alone non-citizens, leaving the country.

We have heard of people being refused exemptions to leave the country to return to where they hold citizenship, to see a daughter’s marriage and, in the case of Mr Thomson, to care for his dying father.

The only justification presented for this ban on leaving the country has been that if we let people out, they might come back one day.  The outgoing travel ban was implemented at a time when states and territories were picking up the bill for hotel quarantine.  However, this is no longer the case.  Taxpayers are not footing the bill and anyone leaving the country understands they will personally pay up to $3,000 for hotel quarantine if they choose to return. 

I suggest that this request is reasonable given the Government is considering welcoming international visitors who are prepared to quarantine and is already trialling bringing in international students.  No comparable countries to Australia, such as the United Kingdom, New Zealand, Canada, the United States of America and others have this restriction on departures in place. 

We must manage the risk of COVID-19 not by preventing Australians from leaving but controlling their return to Australia as well as foreign arrivals into Australia.  We already control the return of people to Australia with user-pay hotel quarantine.

The current policy regarding leaving Australia is causing a great deal of unnecessary heartbreak and is an unjustified infringement of liberty.  I ask the government to reconsider its current approach to the prohibition on departures from Australia and to adopt a much more compassionate and practical approach.

Yours sincerely

Senator Malcolm Roberts

Senator for Queensland

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