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Following a significant regulatory appeal, the Australian classification review board has reversed a earlier ruling that blocked Australian-based users from seeing 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 national eSafety commissioner.

Background on the Case and Classification Ruling

After the death of Charlie Kirk at a US campus in last year, the regulator petitioned the classification 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 instruct social media companies to restrict access to the videos for an Australian audience.

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

The Platform's Case and Board's Decision

Arguing its case, 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 camera quickly panned away from the victim to the bystanders.

X argued the video was not excessively detailed, exploitative, or objectionable, adding that it served as a neutral objective record of "a notorious public event of historical and political significance that prompted widespread discussion". X drew a parallel between the video and the historic film of the JFK shooting.

Most members of the review board 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 justify a complete ban. The board suggested that a more detailed depiction with alternative commentary could have met that threshold. As a result, the panel revised the rating of the videos to R18+.

The Minority Opinion

Some on the board held a contrary view, contending the video was "a shareable video for the likely purposes of amusement and/or personal gain (such as engagement metrics)". This view stated the parallel with the JFK assassination tape was invalid, as the Kennedy video was made public years after the assassination, "once emotions around the matter had calmed".

Response Following the Outcome

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

"We challenged this decision to uphold freedom of expression and the critical nature of public access about issues of public interest. Our commitment remains dedicated to protecting these fundamental values."

A spokesperson for the safety regulator acknowledged the board's decision, but noted that the new R18+ rating now means platforms "have obligations to prevent R18+ material being displayed to Australians under 18".

Broader Context on Violent Content

In related news, the eSafety commissioner did not issue take-down orders to social media companies this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the images were distressing, they did not reach the required standard for a "total ban" rating.

Instead, platforms have been advised to use sensitive content labels and screens, such as blurring, on this material in line with their own content policies.