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In a significant regulatory appeal, a national review panel has reversed a prior decision that blocked viewers in Australia from accessing recorded content of the shooting incident involving conservative commentator Charlie Kirk. This challenge was initiated by Elon Musk's company X, which contested an order issued at the request of the national eSafety commissioner.

Details of the Original Ban

After the death of Charlie Kirk at a US campus in September, the regulator petitioned the review board to officially classify the circulating video. The board initially ruled the content was "refused classification", a designation that empowered the regulator to instruct platforms to geo-block the posts for an Australian audience.

Elon Musk's company filed an appeal for a pair of videos depicting the Kirk incident. Additionally, it contested a similar ruling on a separate video—showing the attack on Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

Arguments Presented and Final Ruling

Arguing its case, X contended that the Kirk video contained only brief violence with no visible weapon. It was argued the footage was grainy and the camera quickly panned away from the individual to the bystanders.

X argued the video was not excessively detailed, gratuitous, or offensive, adding that it served as a neutral objective record of "a significant incident of public importance that prompted widespread discussion". X even compared the footage and the historic film of the JFK shooting.

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 gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. The board suggested that a more detailed depiction with alternative commentary might have met that threshold. As a result, the board changed the classification of the videos to R18+.

A Dissenting Opinion

A minority on the panel held a contrary view, contending the video was "a shareable video for the likely purposes of amusement and/or benefit (such as engagement metrics)". This view stated the parallel with the JFK assassination tape was invalid, as the Kennedy video was made public years after the event, "after public sentiment around the matter had calmed".

Response Following the Decision

Posting on its official policy channel, the platform expressed approval of the decision.

"We challenged this decision to uphold free speech and the critical nature of public access about matters of public significance. Our commitment remains committed to safeguarding these fundamental values."

A spokesperson for the safety regulator acknowledged the ruling, but noted that the new R18+ rating now implies platforms "must take steps to ensure R18+ material is not accessible to Australians under 18".

Broader Context on Violent Content

Separately, the eSafety commissioner has not issued formal notices to social media companies this week regarding graphic footage from the recent Bondi beach terror attack shared across social media. Officials commented that while the images were upsetting, they had not met the required standard for a "total ban" rating.

Instead, platforms have been advised to use warning labels and screens, such as obscuring the image, on such content in line with their existing community guidelines.