🔗 Share this article

In a significant regulatory appeal, the Australian classification review board has overturned a earlier ruling that blocked Australian-based users from accessing recorded content of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's company X, which contested an directive sought by the national eSafety commissioner.

Details of the Original 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 available footage. The board initially ruled the content was "refused classification", a designation that empowered the regulator to instruct social media companies to geo-block the posts for an Australian audience.

The platform X filed an appeal for two separate videos depicting the Kirk incident. It also appealed a similar ruling on a separate video—showing the attack on Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

Arguments Presented and Final Ruling

In its appeal, X asserted that the footage in question contained only brief violence with no visible weapon. The company noted the recording was low-quality and the camera quickly panned away from the victim to the surrounding crowd.

X 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 prompted widespread discussion". The platform even compared 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 content did not reach a level that was exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. However, they noted that a more detailed depiction with alternative commentary could have resulted in a different ruling. As a result, the board revised the classification of the content to R18+.

The Minority Opinion

Some on the panel disagreed, contending the post was "content designed for sharing for the likely purposes of amusement and/or personal gain (such as engagement metrics)". This view stated the parallel with the Zapruder JFK film was invalid, as the Kennedy video was released long after the event, "once emotions around the matter had calmed".

Reactions to the Outcome

In a statement on its global government affairs account, the platform welcomed the ruling.

"We challenged this case to uphold free speech and the critical nature of access to information about matters of public significance. We remain committed to protecting these principles."

Representatives for the eSafety commissioner also welcomed the board's decision, but pointed out that the new R18+ rating now implies platforms "have obligations to ensure R18+ material is not accessible to users who are minors".

Recent Developments on Sensitive Footage

Separately, the regulator has not issued formal notices to social media companies this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. Officials commented that while the content were upsetting, they did not reach the required standard for a "total ban" rating.

As an alternative, the companies have been advised to apply sensitive content labels and screens, such as blurring, on such content in accordance with their existing community guidelines.