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Following a significant regulatory appeal, a national review panel has reversed a earlier ruling that prevented viewers in Australia from accessing video footage of the violent event involving conservative commentator Charlie Kirk. This challenge was initiated by Elon Musk's social media platform, arguing against an directive sought by the online safety regulator.

Details of the Case and Ban

Following the fatal shooting of Charlie Kirk at a US campus in September, the regulator applied to the review board to assess and rate the available footage. The board first determined the content was "refused classification", a designation that empowered the regulator to order platforms to restrict access to the posts for users in Australia.

The platform X challenged the decision for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—showing the attack on Iryna Zarutska on a train in Charlotte—which had also been classified as "refused classification".

Arguments Presented and Final Ruling

Arguing its case, X contended that the footage in question contained only brief violence with no visible weapon. It was argued the footage was grainy and the camera quickly panned away from the victim to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, gratuitous, or offensive, stating it served as a factual documentation of "a significant incident of public importance that generated widespread discussion". X even compared the footage and the historic film of the JFK shooting.

Most members of the review board ultimately agreed that, "notwithstanding the heinous nature of the event," the content did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. The board suggested that a longer or clearer version with different editing could have met that threshold. As a result, the board changed the rating of the content to R18+.

The Minority Opinion

Some on the panel held a contrary view, contending the video was "a shareable video for the likely purposes of entertainment and/or personal gain (such as engagement metrics)". They also argued the comparison to the Zapruder JFK film was invalid, as the Kennedy video was made public years after the assassination, "after public sentiment regarding it had subsided".

Reactions to the Decision

In a statement on its global government affairs account, the platform expressed approval of the decision.

"X fought this case to defend free speech and the critical nature of public access about issues of public interest. We remain committed to protecting these fundamental values."

A spokesperson for the eSafety commissioner also welcomed the ruling, but pointed out that the new R18+ rating now means platforms "must take steps to prevent R18+ material being displayed to Australians who are minors".

Broader Context on Violent Content

In related news, the eSafety commissioner did not issue take-down orders to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the content were distressing, they did not reach the high threshold for a "total ban" rating.

As an alternative, the companies have been advised to apply sensitive content labels and screens, such as obscuring the image, on this material in line with their existing community guidelines.