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Following a notable legal reversal, the Australian classification review board has overturned a prior decision that blocked Australian-based users from accessing video footage of the shooting incident involving conservative commentator Charlie Kirk. This challenge was initiated by Elon Musk's company X, which contested an directive sought by the online safety regulator.

Details of the Case and Ban

Following the death of Charlie Kirk at Utah Valley University in September, the eSafety commissioner petitioned the classification board to officially classify the circulating video. The board initially ruled the content was "unable to be classified", a rating that empowered the commissioner to instruct platforms to geo-block the posts for users in Australia.

Elon Musk's company challenged the decision for two separate videos related to the Kirk incident. It also appealed a similar ruling on another piece of footage—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

The Platform's Case and Board's Decision

In its appeal, X contended that the footage in question contained only a short moment of violence with the weapon not shown. The company noted the footage was grainy and the camera quickly panned away from the victim to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, gratuitous, or offensive, adding that it served as a neutral objective record of "a notorious public event of historical and political significance that generated extensive public discourse". X drew a parallel between the footage and the well-known recording of President John F. Kennedy's assassination.

The majority of the review board concluded that, "despite the terrible nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. However, they noted that a more detailed depiction with different editing might have resulted in a different ruling. As a result, the board revised the rating of the content to R18+.

The Minority Opinion

Some on the panel disagreed, contending the post was "content designed for sharing for the probable aim of amusement and/or personal gain (such as engagement metrics)". This view stated the comparison to the JFK assassination tape was flawed, as the Kennedy video was made public long after the event, "after public sentiment regarding it had subsided".

Reactions to the Outcome

Posting on its global government affairs account, the platform welcomed the decision.

"X fought this case to uphold freedom of expression and the importance of public access about matters of public significance. Our commitment remains committed to safeguarding these fundamental values."

A spokesperson for the safety regulator acknowledged the ruling, but noted that the new R18+ rating now implies platforms "have obligations to prevent R18+ material being displayed to users who are minors".

Broader Context on Violent Content

Separately, the regulator has not issued take-down orders to platforms this week regarding graphic footage from the recent Bondi beach terror attack shared across social media. Officials commented that while the content were distressing, they had not met the high threshold for a "total ban" rating.

Instead, platforms have been advised to use sensitive content labels and interstitials, such as obscuring the image, on this material in accordance with their own content policies.