In some areas, data is not available or is impacted by other limitations, however Twitter welcomes follow up and engagement that may help elucidate approaches or commitments to safety and service in ways meaningful to the Commission and users in Australia.
31 On 6 April 2023, the Commissioner's office sent an email to Mr Quill attaching some questions about the response to the notice, and seeking a response by midday on 24 April 2023. Amongst other things, the email stated –
We have reviewed carefully, and have some clarifying questions regarding your response to the non-periodic reporting notice (the Notice) given to you on 22 February.
These questions are aimed at:
1 Clarifying some of Twitter's responses
2. Identifying where Twitter has not provided the information in answer to a question in Schedule B of the Notice, in order to provide another opportunity for Twitter to respond
3. Understanding any reasons why Twitter was not able to provide the information in answer to a question in Schedule B of the Notice. Please provide specific reasons to help eSafety assess Twitter's compliance with the Notice.
Please review the questions attached and respond by 12:00 Australian Eastern Standard Time on 24 April. eSafety remains available to discuss any questions or issues.
32 The questions that were attached were set out in a table which provided spaces for responses. The document containing the questions stated in its preamble –
Questions to Twitter, Inc. related to its non-periodic reporting notice
These questions relate to the non-periodic reporting notice (the Notice) given to Twitter, Inc. (Twitter) under section 56(2) of the Online Safety Act 2021 (Cth) (the Act) on 22 February 2023, and Twitter’s response on 29 March 2023.
The follow-up questions are aimed at:
1. Clarifying some of Twitter's responses;
2. Identifying where Twitter has not provided the information in answer to a question in Schedule B of the Notice, in order to provide another opportunity for Twitter to respond;
3. Understanding any reasons why Twitter was not able to provide the information in answer to a question in Schedule B of the Notice. Please provide specific reasons to help eSafety assess Twitter's compliance with the Notice.
33 On 20 April 2023, Thomson Geer wrote to the Commissioner. The letter was marked "Privileged and confidential", but it is not evident that any information in the letter was privileged in some way, or confidential. The letter raised two topics. The first concerned the merger of Twitter Inc into X Corp. On that topic, the letter stated –
