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Following a notable legal reversal, the Australian classification review board has reversed a prior decision that blocked Australian-based users from accessing recorded content of the violent event involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's company X, arguing against an directive issued at the request of the national eSafety commissioner.

Details of the Original Classification Ruling

After the death of Charlie Kirk at Utah Valley University in last year, the eSafety commissioner applied to the review board to officially classify the available footage. The board first determined the content was "refused classification", a rating that empowered the commissioner to instruct platforms 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 similar ruling on another piece of footage—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

The Platform's Case and Board's Decision

Arguing its case, X contended that the Kirk video contained only brief violence with the weapon not shown. It was argued the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

X maintained the footage was not overly graphic, exploitative, or objectionable, stating it served as a factual documentation of "a notorious public event of historical and political significance that prompted extensive public discourse". X even compared the footage and the historic film of the JFK shooting.

The majority of the review board concluded that, "despite the terrible nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. However, they noted that a more detailed depiction with different editing could have met that threshold. Consequently, the board changed the rating of the content to R18+.

The Minority Opinion

A minority on the board held a contrary view, arguing the video was "a shareable video for the probable aim of amusement and/or benefit (such as engagement metrics)". This view stated the parallel with the Zapruder JFK film was flawed, as that footage was made public long after the assassination, "once emotions regarding it had calmed".

Reactions to the Outcome

Posting on its global government affairs account, the platform welcomed the ruling.

"X fought this decision to defend freedom of expression and the importance of access to information about matters of public significance. Our commitment remains dedicated to protecting these principles."

A spokesperson for the safety regulator also welcomed the ruling, but noted that the revised classification now implies platforms "must take steps to ensure R18+ material being displayed to Australians under 18".

Recent Developments on Violent Content

Separately, the regulator has not issued take-down orders to social media companies this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. Officials commented that while the images were upsetting, they had not met the high threshold for a "refused classification" rating.

As an alternative, the companies have been instructed to use sensitive content labels and screens, such as blurring, on this material in line with their own content policies.