🔗 Share this article

Following a significant regulatory appeal, a national review panel has reversed a prior decision that blocked viewers in Australia from accessing recorded content of the violent event involving influencer Charlie Kirk. This challenge was initiated by Elon Musk's social media platform, arguing against an order issued at the request of the online safety regulator.

Background on the Case and Classification Ruling

After the death of Charlie Kirk at Utah Valley University in last year, the eSafety commissioner petitioned the classification board to assess and rate the available footage. The board first determined the content was "unable to be classified", a rating that empowered the regulator to order platforms to geo-block the posts for an Australian audience.

The platform X challenged the decision for two separate videos related to the Kirk incident. It also appealed a similar ruling on another piece of footage—showing the assault of Iryna Zarutska on a North Carolina train—which had also been deemed "unacceptable for distribution".

The Platform's Case and Final Ruling

Arguing its case, X asserted that the Kirk video contained only a short moment of 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.

The social media giant maintained the footage was not overly graphic, gratuitous, or objectionable, adding that it served as a neutral objective record of "a significant incident of historical and political significance that prompted widespread discussion". The platform even compared the video and the well-known recording 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 exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. However, they noted that a more detailed depiction with alternative commentary might have met that threshold. As a result, the board revised the classification of the videos to R18+.

The Minority Viewpoint

Some on the panel disagreed, arguing the post was "content designed for sharing for the probable aim of amusement and/or benefit (such as likes, shares, or views)". This view stated the parallel with the Zapruder JFK film was flawed, as that footage was made public years after the event, "after public sentiment around the matter had subsided".

Reactions to the Outcome

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

"X fought this decision to uphold free speech and the importance of public access about matters of public significance. We remain committed to protecting these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the revised classification now means platforms "must take steps to ensure R18+ material being displayed to users under 18".

Broader Context on Sensitive Footage

Separately, the eSafety commissioner has not issued formal notices to platforms this week regarding disturbing videos from the Sydney beach incident shared across social media. Officials commented that while the content were distressing, they did not reach the high threshold for a "refused classification" rating.

Instead, the companies have been instructed to use sensitive content labels and screens, such as blurring, on this material in line with their existing community guidelines.