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Following a notable legal reversal, the Australian classification review board has reversed a earlier ruling that prevented Australian-based users from seeing video footage of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an directive sought by the online safety regulator.

Background on the Case and Classification Ruling

Following the death of Charlie Kirk at a US campus in September, the eSafety commissioner petitioned the review board to assess and rate the available footage. It first determined the content was "unable to be classified", a designation that allowed the commissioner to order social media companies to geo-block the videos for an Australian audience.

The platform X filed an appeal for a pair of videos related to the Kirk incident. Additionally, it contested a comparable ban on a separate video—depicting the assault of Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

The Platform's Case and Board's Decision

Arguing its case, X contended that the footage in question contained only brief violence with no visible weapon. It was argued the footage was grainy and the camera quickly panned away from the victim to the bystanders.

The social media giant argued the video was not excessively detailed, gratuitous, or offensive, stating it served as a factual documentation of "a significant incident of public importance that generated extensive public discourse". The platform even compared the video and the well-known recording of the JFK shooting.

The majority of the classification panel concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. However, they noted that a longer or clearer version with different editing could have resulted in a different ruling. As a result, the board changed the classification of the videos to R18+.

A Dissenting Viewpoint

Some on the board disagreed, contending the video was "a shareable video for the probable aim of amusement and/or benefit (such as engagement metrics)". This view stated the comparison to the JFK assassination tape was invalid, as the Kennedy video was released long after the event, "once emotions regarding it had calmed".

Reactions to the Decision

In a statement on its global government affairs account, X expressed approval of the decision.

"X fought this decision to defend free speech and the importance of access to information about issues of public interest. We remain dedicated to protecting these fundamental values."

Representatives for the safety regulator also welcomed the board's decision, but noted that the revised classification now implies platforms "have obligations to ensure R18+ material is not accessible to Australians under 18".

Broader Context on Violent Content

Separately, the eSafety commissioner has not issued formal notices to platforms this week regarding disturbing videos from the Sydney beach incident shared across social media. The regulator stated that while the content were upsetting, they had not met the required standard for a "total ban" rating.

As an alternative, platforms have been instructed to apply sensitive content labels and interstitials, such as blurring, on this material in accordance with their existing community guidelines.