Australia news LIVE: High Court dismisses immigration detainee challenge; Treasurer wants Australians to have more babies

A major US-based free speech organisation is trying to intervene in the Australian legal showdown between Elon Musk’s X Corp and the nation’s online safety watchdog.

The fight between the eSafety Commission and Musk’s social platform, centred on an order to remove all videos of last month’s stabbing of a Sydney priest, will resume this morning.

The Foundation for Individual Rights and Expression (FIRE), a group that champions and defends free speech, and the Electronic Frontier Foundation, an international digital rights group, will apply to the Federal Court to become a party to the proceedings.

FIRE, which has received funding from billionaire Charles Koch and the Playboy founder Hugh Heffner, argues the watchdog is effectively seeking a global ban outside its jurisdiction.

“FIRE anticipates raising issues relating to the impact of global orders on national sovereignty and the implications of restricting access to information that is protected by the laws of other jurisdictions,” it said in its submission, obtained by this masthead ahead of the hearing.

“It also anticipates raising public policy issues in the context of the rise of censorship, by governments, of speech on social media platforms and websites.”

The overseas organisations are being represented by Australian lawyer Kevin Lynch of Johnson Winter Slattery.

It is not clear of the court will the groups to become parties to the case or “friends of the court” to provide arguments and expertise.

A parliamentary probe into societal damage done by social media giants will be an important inquiry for Australians, according to the prime minister.

The inquiry will examine the damage done by Facebook, TikTok and other platforms, as billionaire Elon Musk expands his legal challenge against Australia’s online watchdog.

Anthony Albanese told reporters at a press conference earlier this morning that social media companies needed to have social responsibility.

“Across a range of issues, whether it be the issue of domestic violence, whether it be radicalisation of young people across a range of areas, something that keeps popping up … is the role of social media, which can be very positive, but can also have a negative influence.”

He said the inquiry would be important for the public and would allow them to engage with the debate.

“I think that this will be an important inquiry for …the community to engage in the debate about what is the role of social media how do we make sure that social media as benefits continue whilst the potential for harmful impacts minimised.”

The government has successfully fended off a major legal challenge that would have seen up to 200 more immigration detainees released into the community.

The High Court dismissed the claim by the bisexual Iranian man, given the pseudonym ASF17, who launched a bid for release from immigration detention earlier this year, claiming he is being unlawfully held.

It is a legal sequel to last year’s landmark High Court ruling outlawing indefinite detention that has so far seen 153 detainees freed.

The appeal attempted to resolve the question of whether someone who refuses to co-operate with moves to deport them to their country of origin can continue to be detained, if their own actions are inhibiting the government’s ability to remove them in the near future.

The Commonwealth argued his ongoing detention is legal because the detainee could “bring it to an end at any time” by agreeing to meet Iranian authorities for the necessary paperwork to return to Iran.

But his barrister, Lisa De Ferrari, SC, told the court last month the government had never tried to resettle him anywhere else and that her client did not oppose being removed to a country other than Iran.

More to come.

The prime minister is speaking ahead of the decision in the case of immigration detainee ASF17, which springs from a landmark High Court decision which found it was unlawful to indefinitely detain people with no prospect of deportation.

Speaking in Canberra this morning Anthony Albanese said the government already dealt with the initial High Court decision, that of NZYQ.

“It is not something that we supported, it is something that we made submissions to the court to oppose,” he said.

“But when courts make a decision, governments, whoever is in government has to comply with the law.”

Albanese said the government wanted to strengthen the legislation around deportation, and it was still necessary.

“Governments need to have the capacity for people who have no right to stay in Australia, who have exhausted their legal processes, have been found not to have any right to stay here, should not be just allowed to self nominate in staying here,” he said.

He called on the Coalition to support the changes, rather than holding it up.

The federal government has committed nearly $250 million to upgrade the Australian Institute of Sport in Canberra.

Prime Minister Anthony Albanese announced the funding at a press conference at the facility this morning.

“This is not just about sport,” he said.

“It’s about who we are as a nation, which is why this is a valuable investment in our nation going forward.”

The prime minister said it would make an enormous difference to the facilities and Australia’s athletes.

Sports Minister Anika Wells said the funding would secure high-performance facilities to “allow our brilliant athletes to be the best version of themselves”.

“The Australian Sports Commission’s own research tells us that eight years out from the Games and for us, that means Brisbane 2032, it’s a really important time to invest.”

An independent review found the institute’s infrastructure should stay in the nation’s capital, but it needed an upgrade ahead of the Brisbane Olympics in 2032.

Earlier, Foreign Minister Penny Wong said Australia needed to decarbonise, but gas was a necessary part of the transition.

She was asked about backbencher Labor colleagues including Assistant Minister for Health Ged Kearney publicly saying there shouldn’t be more public money spent on gas.

“We do need to decarbonise, I agree with them,” Wong told ABC Radio National this morning.

“I think the point of the gas strategy, which has been released, has been to point out how we make that transition and that gas is a necessary part of that transition.”

She said Australia wasn’t investing in gas, but rather more renewable energy sources.

Prime Minister Anthony Albanese is speaking with Finance Minister Katy Gallagher and Sport Minister Anika Wells.

Watch below:

Air Vanuatu is officially in liquidation after the Vanuatu government said yesterday it was considering its options.

Ernst and Young has been appointed as liquidators to the national carrier.

The airline stopped flying to Australia earlier this week and is not set to recommence flying until Monday. If it halts services for good, Virgin Australia will be the only airline connecting the two countries.

“The appointment follows a challenging period for the global aviation industry, including labour shortages, inflation affecting input costs and a global increasing cost of credit environment. Air Vanuatu has been particularly affected by disruption of tourism activity due to cyclones,” an EY spokesperson said.

The Vanuatu government and EY said they remain hopeful the carrier can continue.

“The outlook for the airline is positive, despite pressures on the broader industry, and we will be focused on securing the future of this strategically vital national carrier,” EY partner Morgan Kelly said.