🔗 Share this article

In a significant legal reversal, the Australian classification review board has overturned a earlier ruling that prevented Australian-based users from accessing video footage of the shooting incident involving conservative commentator Charlie Kirk. The appeal was initiated by Elon Musk's social media platform, arguing against an directive sought by the national eSafety commissioner.

Background on the Case and Classification Ruling

After the fatal shooting of Charlie Kirk at a US campus in last year, the regulator petitioned the classification board to officially classify the circulating video. It first determined the content was "unable to be classified", a designation that empowered the commissioner to order social media companies to restrict access to the posts for an Australian audience.

The platform X filed an appeal for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on a separate video—showing the assault of Iryna Zarutska on a train in Charlotte—which had likewise been deemed "unacceptable for distribution".

The Platform's Case and Board's Decision

In its appeal, X asserted that the Kirk video contained only brief violence with no visible weapon. The company noted the recording was low-quality and the camera quickly panned away from the individual to the surrounding crowd.

The social media giant argued the video was not overly graphic, gratuitous, or offensive, adding that it served as a neutral objective record of "a notorious public event of public importance that prompted widespread discussion". The platform even compared the video and the well-known recording 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 exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. The board suggested that a longer or clearer version with different editing might have met that threshold. As a result, the panel changed the rating of the videos to R18+.

The Minority Viewpoint

Some on the board held a contrary view, arguing the post was "content designed for sharing for the probable aim of amusement and/or benefit (such as engagement metrics)". This view stated the comparison to the JFK assassination tape was flawed, as the Kennedy video was released years after the assassination, "after public sentiment around the matter had calmed".

Response Following the Outcome

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

"X fought this decision to defend free speech and the critical nature of public access about matters of public significance. We remain dedicated to safeguarding these principles."

A spokesperson for the safety regulator acknowledged the ruling, but pointed out that the new R18+ rating now means platforms "have obligations to prevent R18+ material is not accessible to Australians who are minors".

Broader Context on Sensitive Footage

In related news, the regulator 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 did not reach the required standard for a "refused classification" rating.

As an alternative, platforms have been advised to use warning labels and screens, such as obscuring the image, on this material in accordance with their existing community guidelines.