🔗 Share this article

Following a significant legal reversal, the Australian classification review board has overturned a earlier ruling that blocked viewers in Australia from seeing video footage of the shooting incident involving influencer Charlie Kirk. The appeal was initiated by Elon Musk's social media platform, arguing against an order sought by the online safety regulator.

Details of the Case and Classification Ruling

Following the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to assess and rate the available footage. The board initially ruled the content was "unable to be classified", a designation that allowed the commissioner to order platforms to restrict access to the videos for users in Australia.

Elon Musk's company challenged the decision for two separate videos depicting 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 classified as "unacceptable for distribution".

The Platform's Case and Final Ruling

In its appeal, X asserted 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 focus shifted rapidly from the victim to the bystanders.

X maintained the footage was not excessively detailed, exploitative, or objectionable, stating it served as a neutral objective record of "a significant incident of historical and political significance that prompted widespread discussion". X drew a parallel between the video and the historic film of President John F. Kennedy's assassination.

Most members of the review board ultimately agreed that, "despite the terrible 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 alternative commentary could have met that threshold. Consequently, the panel revised the rating of the videos to R18+.

The Minority Viewpoint

Some on the board held a contrary view, contending the video was "a shareable video for the probable aim of entertainment and/or benefit (such as engagement metrics)". They also argued the parallel with the JFK assassination tape was flawed, as that footage was made public long after the event, "after public sentiment regarding it had subsided".

Reactions to the Decision

Posting on its official policy channel, X expressed approval of the ruling.

"X fought this case to uphold freedom of expression and the importance of access to information about issues of public interest. We remain committed to protecting these principles."

Representatives for the eSafety commissioner acknowledged the ruling, 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".

Broader Context on Violent Content

Separately, the eSafety commissioner has not issued take-down orders 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 high threshold for a "total ban" rating.

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