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Following a notable regulatory appeal, the Australian classification review board has overturned a earlier ruling that blocked viewers in Australia from seeing video footage of the violent event involving influencer Charlie Kirk. The appeal was lodged by Elon Musk's social media platform, arguing against an directive issued at the request of the online safety regulator.

Details of the Original Ban

Following the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to officially classify the available footage. The board first determined the content was "refused classification", a designation that allowed the regulator to instruct social media companies to restrict access to the videos for users in Australia.

Elon Musk's company challenged the decision for a pair of videos depicting the Kirk incident. Additionally, it contested a similar ruling on a separate video—depicting the attack on Iryna Zarutska on a North Carolina train—which had likewise been classified as "refused classification".

Arguments Presented and Board's Decision

Arguing its case, X contended that the Kirk video contained only a short moment of violence with no visible weapon. It was argued the recording was low-quality and the camera quickly panned away from the victim to the bystanders.

The social media giant argued the video was not overly graphic, gratuitous, or objectionable, adding that it served as a factual documentation of "a notorious public event of public importance 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 concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. However, they noted that a longer or clearer version with alternative commentary could have met that threshold. Consequently, the panel revised the rating of the content to R18+.

The Minority Opinion

Some on the board held a contrary view, arguing the video was "a shareable video for the probable aim of entertainment and/or benefit (such as likes, shares, or views)". They also argued the parallel with the Zapruder JFK film was flawed, as the Kennedy video was made public years after the assassination, "once emotions around the matter had subsided".

Response Following the Decision

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

"X fought this decision to uphold freedom of expression and the critical nature of public access about matters of public significance. We remain dedicated to protecting these principles."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but noted that the revised classification now implies platforms "must take steps to ensure R18+ material being displayed to users under 18".

Recent Developments on Violent Content

In related news, the eSafety commissioner has not issued formal notices to social media companies this week regarding graphic footage from the recent Bondi beach terror attack shared across social media. The regulator stated that while the images were upsetting, they did not reach the high threshold for a "total ban" rating.

As an alternative, platforms have been advised to use warning labels and screens, such as blurring, on this material in line with their existing community guidelines.