We can’t block a livestream, but Australia could ban execution footage from the US – to an extent

miodrag ignjatovic/Getty Images US Defense Secretary Pete Hegseth’s intention to broadcast the live execution of Fort Hood shooter Nidal Hasan has been met with global criticism and outrage .

If it happens, this live broadcast would be the first US public execution since 1936, and its first execution by military firing squad since 1945.

My first thought on hearing about the broadcast was that I would never watch such a violent and potentially trauma-inducing spectacle.

Yet, the question of individual choice raises a larger challenge for our society.

Can Australia prevent the footage of someone being killed by a firing squad from being accessed online? Calls to block the livestream The Greens have called on the government to block the livestream.

They argue Australians don’t want this “incredibly shocking and barbaric” content available to adults and children because of the potential harm it will do.

In response to these calls , the eSafety Commissioner’s office has said it can’t “proactively prevent a livestream from occurring online”.

However, it said online services would be responsible for protecting users from harmful material.

So what does this mean? According to our Online Safety Act, the government does have the legal power to block content depicting “ abhorrent violent conduct ”.

A major influence for establishing the act was the 2019 Christchurch massacre in Aotearoa New Zealand.

The perpetrator live-streamed the violence, and video copies became available across the internet.

Australia’s Online Safety Act was designed to give our government the power to protect the public from viewing such harmful and distressing material.

Although many would argue a firing squad execution is abhorrent violent conduct, the eSafety Commissioner’s regulatory guidance defines it as including violence such as terrorism, murder, torture, rape and kidnapping.

This conduct is illegal by nature.