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In a significant regulatory appeal, the Australian classification review board has overturned a earlier ruling that prevented viewers in Australia from seeing video footage of the shooting incident involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's company X, which contested an order sought by the online safety regulator.

Background on the Case and Ban

Following the fatal shooting of Charlie Kirk at Utah Valley University in last year, the eSafety commissioner applied to the classification board to assess and rate the available footage. It initially ruled the content was "refused classification", a designation that allowed the regulator to instruct platforms to restrict access to the videos for users in Australia.

The platform X filed an appeal for a pair of videos depicting the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—depicting the assault of Iryna Zarutska on a North Carolina train—which had also been deemed "refused classification".

Arguments Presented and Board's Decision

Arguing its case, X asserted that the footage in question contained only brief violence with no visible weapon. It was argued the recording was low-quality and the focus shifted rapidly from the victim to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, exploitative, or offensive, stating it served as a factual documentation of "a notorious public event of public importance that prompted extensive public discourse". The platform drew a parallel between the video and the well-known recording of President John F. Kennedy's assassination.

Most members of the review board concluded that, "despite the terrible nature of the event," the video did not reach a level that was exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. However, they noted that a longer or clearer version with alternative commentary might have resulted in a different ruling. As a result, the panel changed the rating of the videos to R18+.

The Minority Opinion

A minority on the board disagreed, arguing the video was "a shareable video for the probable aim of amusement and/or benefit (such as engagement metrics)". This view stated the parallel with the Zapruder JFK film was invalid, as the Kennedy video was made public long after the event, "after public sentiment regarding it had calmed".

Reactions to the Decision

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

"X fought this case to uphold freedom of expression and the importance of access to information about matters of public significance. We remain dedicated to safeguarding these principles."

Representatives for the eSafety commissioner also welcomed the board's decision, but pointed out that the new R18+ rating now implies platforms "must take steps to prevent R18+ material is not accessible to users who are minors".

Recent Developments on Violent Content

Separately, the eSafety commissioner has not issued take-down orders to social media companies this week regarding disturbing videos from the Sydney beach incident circulating on social media. Officials commented that while the images were distressing, they had not met the required standard for a "refused classification" rating.

Instead, platforms have been advised to apply sensitive content labels and screens, such as blurring, on such content in line with their existing community guidelines.