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In a significant regulatory appeal, a national review panel has reversed a prior decision that blocked Australian-based users from accessing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was initiated by Elon Musk's social media platform, arguing against an order sought by the national eSafety commissioner.

Background on the Case and Classification Ruling

After the fatal shooting of Charlie Kirk at Utah Valley University in September, the regulator petitioned the review board to assess and rate the available footage. It initially ruled the content was "unable to be classified", a designation that empowered the regulator to order platforms to geo-block the videos for an Australian audience.

The platform X filed an appeal for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on a separate video—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

Arguments Presented and Final Ruling

In its appeal, X contended that the footage in question contained only brief violence with no visible weapon. The company noted the footage was grainy and the focus shifted rapidly from the victim to the surrounding crowd.

The social media giant argued the video was not excessively detailed, gratuitous, or offensive, adding that it served as a neutral objective record of "a notorious public event of historical and political significance that generated extensive public discourse". The platform drew a parallel between the footage and the well-known recording of President John F. Kennedy's assassination.

The majority of the classification panel ultimately agreed that, "despite the terrible nature of the event," the video did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. However, they noted that a longer or clearer version with alternative commentary could have resulted in a different ruling. Consequently, the board changed the rating of the content to R18+.

A Dissenting Viewpoint

Some on the board disagreed, arguing the video was "a shareable video for the probable aim of amusement and/or personal gain (such as likes, shares, or views)". They also argued the parallel with the JFK assassination tape was flawed, as the Kennedy video was made public long after the event, "once emotions around the matter had subsided".

Response Following the Outcome

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

"We challenged this decision to uphold free speech and the critical nature of public access about matters of public significance. We remain dedicated to safeguarding these principles."

Representatives for the eSafety commissioner acknowledged the ruling, but pointed out that the revised classification now implies platforms "must take steps to ensure R18+ material is not accessible to users under 18".

Recent Developments on Violent Content

Separately, the eSafety commissioner did not issue formal notices to platforms this week regarding disturbing videos from the recent Bondi beach terror attack shared across social media. Officials commented that while the images were distressing, they had not met the required standard for a "total ban" rating.

Instead, platforms have been instructed to use warning labels and screens, such as blurring, on such content in line with their own content policies.