🔗 Share this article

In a significant regulatory appeal, a national review panel has reversed a prior decision that blocked viewers in Australia from seeing recorded content of the violent event involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's company X, arguing against an order sought by the national eSafety commissioner.

Background on the Case and Classification Ruling

Following the death of Charlie Kirk at a US campus in last year, the eSafety commissioner applied to the review board to officially classify the circulating video. It initially ruled the content was "unable to be classified", a rating that empowered the commissioner to instruct social media companies to restrict access to the posts for users in Australia.

The platform X challenged the decision for two separate videos depicting the Kirk incident. It also appealed a similar ruling on another piece of footage—depicting the attack on Iryna Zarutska on a train in Charlotte—which had likewise been classified as "unacceptable for distribution".

Arguments Presented and Board's Decision

In its appeal, X asserted that the footage in question contained only brief violence with no visible weapon. The company noted the recording was low-quality and the camera quickly panned away from the victim to the bystanders.

X 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 historical and political significance that prompted extensive public discourse". X even compared the video and the historic film of President John F. Kennedy's assassination.

Most members of the review board ultimately agreed 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 longer or clearer version with alternative commentary might have resulted in a different ruling. Consequently, the panel revised the classification of the content to R18+.

The Minority Opinion

Some on the board disagreed, contending the post was "a shareable video for the likely purposes of entertainment and/or benefit (such as engagement metrics)". They also argued the comparison to the JFK assassination tape was flawed, as the Kennedy video was made public years after the event, "after public sentiment regarding it had subsided".

Response Following the Outcome

Posting on its official policy channel, X welcomed the decision.

"We challenged this case to defend free speech and the importance of access to information about issues of public interest. We remain committed to protecting these principles."

A spokesperson for the safety regulator acknowledged the board's decision, but noted that the revised classification now means platforms "must take steps to ensure R18+ material is not accessible to Australians under 18".

Broader Context on Violent Content

Separately, the regulator did not issue take-down orders to social media companies this week regarding graphic footage from the Sydney beach incident circulating on social media. Officials commented that while the content were distressing, they had not met the high threshold for a "refused classification" rating.

Instead, the companies have been advised to use sensitive content labels and interstitials, such as obscuring the image, on this material in line with their existing community guidelines.