🔗 Share this article

In a significant regulatory appeal, the Australian classification review board has overturned a earlier ruling that blocked viewers in Australia from accessing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was initiated by Elon Musk's social media platform, which contested an order issued at the request of the national eSafety commissioner.

Details of the Original Ban

Following the death of Charlie Kirk at a US campus in September, the eSafety commissioner petitioned the classification board to officially classify the available footage. The board initially ruled the content was "unable to be classified", a designation that empowered the commissioner to instruct platforms to geo-block the posts for an Australian audience.

Elon Musk's company challenged the decision for two separate videos related to the Kirk incident. It also appealed a comparable ban on another piece of footage—depicting the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

Arguments Presented and Board's Decision

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 camera quickly panned away from the individual to the surrounding crowd.

X argued the video was not excessively detailed, exploitative, or objectionable, stating it served as a neutral objective record of "a notorious public event of historical and political significance that prompted widespread discussion". X drew a parallel between the footage 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 video 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 alternative commentary might have met that threshold. As a result, the board changed the classification of the videos to R18+.

A Dissenting Viewpoint

A minority on the panel disagreed, contending the video was "a shareable video for the probable aim of entertainment and/or benefit (such as likes, shares, or views)". They also argued the parallel with the Zapruder JFK film was invalid, as the Kennedy video was made public long after the event, "once emotions regarding it had subsided".

Reactions to the Outcome

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

"X fought this case to defend freedom of expression and the importance of public access about issues of public interest. Our commitment remains dedicated to protecting these principles."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the revised classification now implies platforms "must take steps to ensure R18+ material being displayed to users under 18".

Recent Developments on Violent Content

In related news, the eSafety commissioner has not issued formal notices to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. Officials commented that while the images were upsetting, they had not met the high threshold 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 line with their existing community guidelines.