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In 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 influencer Charlie Kirk. The appeal was initiated by Elon Musk's company X, arguing against an directive issued at the request of the online safety regulator.

Background on the Original Classification Ruling

After the death of Charlie Kirk at a US campus in September, the regulator petitioned the review board to officially classify the circulating video. The board initially ruled the content was "unable to be classified", a designation that empowered the regulator to order platforms to restrict access to the posts for an Australian audience.

The platform X challenged the decision for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—depicting the assault of Iryna Zarutska on a North Carolina train—which had also been classified as "refused classification".

Arguments Presented and Board's Decision

Arguing its case, X asserted that the footage in question contained only brief violence with the weapon not shown. The company noted the footage was grainy and the focus shifted rapidly from the individual to the surrounding crowd.

The social media giant argued the video was not excessively detailed, exploitative, or objectionable, adding that it served as a factual documentation of "a significant incident of public importance that generated widespread discussion". The platform drew a parallel between the video and the well-known recording of the JFK shooting.

Most members of the classification panel 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. The board suggested that a longer or clearer version with alternative commentary could have resulted in a different ruling. Consequently, the panel changed the classification of the content to R18+.

The Minority Viewpoint

A minority on the panel disagreed, arguing the video was "content designed for sharing for the probable aim of amusement and/or personal gain (such as engagement metrics)". They also argued the comparison to the JFK assassination tape was flawed, as the Kennedy video was released years after the assassination, "once emotions regarding it had calmed".

Reactions to the Outcome

Posting on its official policy channel, X welcomed the decision.

"X fought this case to defend free speech and the importance of public access about matters of public significance. Our commitment remains dedicated to protecting these fundamental values."

A spokesperson for the eSafety commissioner also welcomed the board's decision, but pointed out that the revised classification now implies platforms "have obligations to prevent R18+ material is not accessible to users under 18".

Broader Context on Violent Content

Separately, the regulator did not issue take-down orders to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the images were upsetting, they had not met the high threshold for a "total ban" rating.

As an alternative, the companies have been advised to use sensitive content labels and interstitials, such as obscuring the image, on such content in accordance with their own content policies.