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Following a notable regulatory appeal, the Australian classification review board has reversed a earlier ruling that blocked Australian-based users 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 sought by the national eSafety commissioner.

Background on the Case and Classification Ruling

Following the death of Charlie Kirk at a US campus in last year, the eSafety commissioner applied to the classification board to assess and rate the circulating video. It first determined the content was "unable to be classified", a rating that empowered the regulator to instruct social media companies to restrict access to the posts for users in Australia.

Elon Musk's company challenged the decision for a pair of videos related to the Kirk incident. It also appealed a similar ruling on a separate video—showing the assault of Iryna Zarutska on a train in Charlotte—which had likewise been classified as "refused classification".

The Platform's Case and Board's Decision

In its appeal, X contended that the Kirk video contained only brief violence with the weapon not shown. The company noted the recording was low-quality and the camera quickly panned away from the individual to the bystanders.

The social media giant argued the video was not excessively detailed, gratuitous, or offensive, adding that it served as a factual documentation of "a notorious public event of historical and political significance that generated widespread discussion". The platform even compared the footage and the well-known recording of the JFK shooting.

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

A Dissenting Viewpoint

Some on the board disagreed, arguing the video was "a shareable video for the probable aim of entertainment and/or benefit (such as likes, shares, or views)". This view stated the parallel with the Zapruder JFK film was flawed, as the Kennedy video was made public years after the event, "once emotions regarding it had calmed".

Reactions to the Outcome

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

"We challenged this decision to uphold free speech and the importance of public access about issues of public interest. Our commitment remains committed to protecting these principles."

A spokesperson for the safety regulator also welcomed the board's decision, but pointed out that the revised classification now means platforms "must take steps to prevent R18+ material being displayed to users who are minors".

Recent Developments on Violent Content

Separately, the eSafety commissioner did not issue take-down orders to social media companies this week regarding graphic footage from the Sydney beach incident shared across social media. Officials commented that while the images were distressing, they did not reach the high threshold for a "total ban" rating.

As an alternative, the companies have been instructed to apply warning labels and screens, such as obscuring the image, on this material in accordance with their own content policies.