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Following a notable legal reversal, the Australian classification review board has reversed a earlier ruling that blocked viewers in Australia from seeing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's company X, which contested an order sought by the national eSafety commissioner.

Background on the Case and Ban

After the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to assess and rate the circulating video. It first determined the content was "refused classification", a rating that allowed the commissioner to order social media companies to restrict access to the videos for users in Australia.

Elon Musk's company challenged the decision for two separate videos related to the Kirk incident. Additionally, it contested 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

Arguing its case, 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 focus shifted rapidly from the individual to the bystanders.

The social media giant argued the video was not overly graphic, gratuitous, or objectionable, adding that it served as a factual documentation of "a significant incident of public importance that generated extensive public discourse". X even compared the video and the historic film of the JFK shooting.

Most members of the classification panel ultimately agreed that, "despite the terrible 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 different editing could have resulted in a different ruling. Consequently, the board changed the rating of the videos to R18+.

A Dissenting Opinion

A minority on the board disagreed, arguing the video was "a shareable video for the probable aim of amusement and/or personal gain (such as likes, shares, or views)". This view stated the parallel with the Zapruder JFK film was invalid, as that footage was made public years after the assassination, "once emotions regarding it had calmed".

Reactions to the Decision

Posting on its global government affairs account, X welcomed the decision.

"X fought this case to uphold free speech and the critical nature of public access about issues of public interest. Our commitment remains committed to safeguarding these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but pointed out that the revised classification now implies platforms "have obligations to ensure R18+ material is not accessible to users under 18".

Recent Developments on Violent Content

In related news, the regulator did not issue formal notices to platforms this week regarding disturbing videos from the Sydney beach incident circulating on social media. Officials commented that while the content were distressing, they did not reach the high threshold for a "refused classification" 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.