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In a notable legal reversal, the Australian classification review board has reversed a prior decision that blocked Australian-based users from seeing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was initiated by Elon Musk's social media platform, arguing against an directive issued at the request of the online safety regulator.

Details of the Case and Ban

After the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the classification board to officially classify the circulating video. The board first determined the content was "unable to be classified", a rating that allowed the commissioner to order social media companies to geo-block the videos for users in Australia.

The platform X filed an appeal for a pair of videos related to the Kirk incident. It also appealed a similar ruling on a separate video—depicting the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

The Platform's Case and Final Ruling

Arguing its case, X contended that the Kirk video contained only a short moment of violence with no visible weapon. The company noted the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

X argued the video was not excessively detailed, gratuitous, or offensive, stating it served as a factual documentation of "a significant incident of historical and political significance that prompted extensive public discourse". The platform drew a parallel between the footage and the well-known recording of the JFK shooting.

The majority of the classification panel 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. The board suggested that a more detailed depiction with different editing 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 held a contrary view, contending the video was "content designed for sharing for the probable aim of amusement and/or benefit (such as engagement metrics)". They also argued the parallel with the JFK assassination tape was invalid, as the Kennedy video was released long after the assassination, "after public sentiment regarding it had subsided".

Reactions to the Decision

In a statement on its official policy channel, X welcomed the ruling.

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

Representatives for the eSafety commissioner acknowledged the ruling, but pointed out that the new R18+ rating now implies platforms "have obligations to prevent R18+ material being displayed to Australians who are minors".

Recent Developments on Sensitive Footage

In related news, the regulator did not issue take-down orders to platforms this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the images were upsetting, they did not reach the required standard for a "refused classification" rating.

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