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Following a significant regulatory appeal, the Australian classification review board has overturned a earlier ruling that prevented Australian-based users from seeing video footage of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an order sought by the national eSafety commissioner.

Background on the Original Ban

Following the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the classification board to officially classify the available footage. The board initially ruled the content was "refused classification", a rating that allowed the commissioner to order platforms to geo-block the posts for an Australian audience.

Elon Musk's company 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 North Carolina train—which had also been deemed "refused classification".

The Platform's Case and Board's Decision

In its appeal, X contended that the footage in question contained only brief violence with the weapon not shown. It was argued the footage was grainy and the camera quickly panned away from the individual to the bystanders.

X argued the video was not excessively detailed, exploitative, or offensive, adding that it served as a neutral objective record of "a significant incident of historical and political significance that prompted widespread discussion". X even compared the video and the historic film of President John F. Kennedy's assassination.

The majority 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 justify a complete ban. The board suggested that a longer or clearer version with alternative commentary might have resulted in a different ruling. Consequently, the board revised the classification of the content to R18+.

The Minority Viewpoint

Some on the board disagreed, contending the post was "a shareable video for the probable aim of entertainment 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 released years after the assassination, "once emotions regarding it had subsided".

Reactions to the Outcome

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

"X fought this case to defend freedom of expression and the importance of access to information about issues of public interest. We remain 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 "must take steps to ensure R18+ material is not accessible to Australians who are minors".

Broader Context on Violent Content

Separately, the eSafety commissioner has not issued formal notices to social media companies this week regarding graphic footage from the Sydney beach incident circulating on social media. The regulator stated that while the content were upsetting, 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 such content in line with their existing community guidelines.