🔗 Share this article

Following a notable legal reversal, a national review panel has overturned a prior decision that blocked Australian-based users from accessing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an order issued at the request of the online safety regulator.

Details of the Original Ban

Following the fatal shooting of Charlie Kirk at Utah Valley University in last year, the regulator applied to the classification board to officially classify the circulating video. It initially ruled the content was "refused classification", a rating that empowered the commissioner to instruct platforms to restrict access to the posts for users in Australia.

The platform X filed an appeal for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—showing the assault of Iryna Zarutska on a North Carolina train—which had likewise been classified as "unacceptable for distribution".

The Platform's Case 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 recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

The social media giant maintained the footage was not overly graphic, gratuitous, or offensive, stating 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 ultimately agreed 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 alternative commentary could have met that threshold. Consequently, the panel revised the classification of the videos to R18+.

The Minority Opinion

A minority on the panel disagreed, arguing the video was "content designed for sharing for the probable aim of entertainment and/or benefit (such as engagement metrics)". This view stated the comparison to the JFK assassination tape was flawed, as the Kennedy video was released years after the event, "after public sentiment regarding it had calmed".

Reactions to the Outcome

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

"We challenged this decision to defend freedom of expression and the importance of public access about matters of public significance. We remain committed to safeguarding these fundamental values."

Representatives for the safety regulator also welcomed the ruling, but noted that the revised classification now implies platforms "must take steps to ensure R18+ material is not accessible to Australians under 18".

Recent Developments on Sensitive Footage

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

Instead, the companies have been instructed to apply warning labels and interstitials, such as obscuring the image, on this material in line with their existing community guidelines.