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Following a notable legal reversal, the Australian classification review board has overturned a prior decision 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 order issued at the request of the national eSafety commissioner.

Background on the Case and Ban

After the fatal shooting of Charlie Kirk at Utah Valley University in September, the regulator petitioned the review board to officially classify the available footage. The board first determined the content was "refused classification", a designation that empowered the regulator to order platforms to restrict access to the posts for users in Australia.

The platform X challenged the decision for a pair of videos depicting the Kirk incident. It also appealed a comparable ban on a separate video—showing the assault of Iryna Zarutska on a train in Charlotte—which had also been classified as "refused classification".

The Platform's Case and Final Ruling

In its appeal, X contended that the Kirk video contained only brief violence with no visible weapon. The company noted the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

X argued the video was not excessively detailed, gratuitous, or objectionable, stating it served as a neutral objective record of "a notorious public event of public importance that prompted extensive public discourse". X even compared the video and the well-known recording of President John F. Kennedy's assassination.

Most members of the review board concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. The board suggested that a more detailed depiction with different editing could have met that threshold. As a result, the board revised the rating of the content to R18+.

The Minority Viewpoint

Some on the panel held a contrary view, contending the video was "a shareable video for the probable aim of entertainment and/or personal gain (such as likes, shares, or views)". They also argued the comparison to the Zapruder JFK film was flawed, as that footage was released long after the assassination, "after public sentiment regarding it had subsided".

Response Following the Decision

In a statement on its official policy channel, the platform expressed approval of the decision.

"We challenged this decision to defend freedom of expression and the critical nature of access to information about issues of public interest. We remain committed to safeguarding these fundamental values."

Representatives for the eSafety commissioner also welcomed the ruling, but noted that the new R18+ rating now means platforms "have obligations to ensure R18+ material being displayed to users under 18".

Broader Context on Sensitive Footage

Separately, the regulator did not issue take-down orders to platforms this week regarding disturbing videos from the Sydney beach incident shared across social media. Officials commented that while the content were upsetting, they did not reach the high threshold for a "total ban" rating.

As an alternative, the companies have been advised to use warning labels and screens, such as obscuring the image, on such content in accordance with their existing community guidelines.