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Following a notable legal reversal, the Australian classification review board has overturned a earlier ruling that blocked viewers in Australia from accessing recorded content of the violent event involving conservative commentator Charlie Kirk. The appeal was lodged by Elon Musk's social media platform, which contested an directive issued at the request of 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 applied to the classification board to officially classify the available footage. The board initially ruled the content was "refused classification", a rating that allowed the regulator to instruct platforms to geo-block the posts for an Australian audience.

The platform X challenged the decision for a pair of videos related to the Kirk incident. Additionally, it contested a similar ruling on another piece of footage—showing the assault of Iryna Zarutska on a North Carolina train—which had likewise been classified as "refused classification".

The Platform's Case and Board's Decision

In its appeal, X contended that the footage in question contained only brief violence with the weapon not shown. It was argued the footage was grainy and the focus shifted rapidly from the victim to the surrounding crowd.

The social media giant maintained the footage was not overly graphic, gratuitous, or objectionable, stating it served as a factual documentation of "a notorious public event of public importance that generated widespread discussion". X drew a parallel between the video and the historic film of President John F. Kennedy's assassination.

Most members of the classification panel concluded that, "notwithstanding the heinous nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. However, they noted that a more detailed depiction with different editing could have met that threshold. As a result, the board revised the rating of the videos to R18+.

The Minority Opinion

Some on the panel disagreed, arguing the post was "content designed for sharing for the likely purposes of entertainment and/or benefit (such as likes, shares, or views)". This view stated the comparison to the Zapruder JFK film was flawed, as that footage was released long after the assassination, "after public sentiment around the matter had calmed".

Response Following the Decision

In a statement on its official policy channel, X welcomed the ruling.

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

Representatives for the eSafety commissioner acknowledged the board's decision, but noted that the new R18+ rating now implies platforms "must take steps to prevent R18+ material being displayed to Australians under 18".

Broader Context on Sensitive Footage

Separately, the eSafety commissioner has not issued take-down orders to social media companies this week regarding graphic footage from the Sydney beach incident circulating on social media. The regulator stated that while the content were upsetting, they had not met the high threshold for a "refused classification" rating.

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