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Following a notable legal reversal, a national review panel has reversed a prior decision that prevented viewers in Australia from accessing video footage of the shooting incident involving influencer Charlie Kirk. The appeal was lodged by Elon Musk's social media platform, arguing against an order sought by the online safety regulator.

Details of the Case and Classification Ruling

Following the death of Charlie Kirk at Utah Valley University in September, the eSafety commissioner applied to the classification board to officially classify the available footage. The board first determined the content was "refused classification", a rating that allowed the commissioner to order platforms to restrict access to the posts for users in Australia.

Elon Musk's company filed an appeal for two separate videos related to the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—showing the assault of Iryna Zarutska on a North Carolina train—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 victim to the bystanders.

X argued the video was not excessively detailed, gratuitous, or objectionable, stating it served as a neutral objective record of "a notorious public event of historical and political significance that generated widespread discussion". The platform even compared the footage 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 content did not reach a level that was exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. However, they noted that a longer or clearer version with different editing might have resulted in a different ruling. Consequently, the panel revised the classification of the content to R18+.

The Minority Opinion

A minority on the board held a contrary view, contending the video was "content designed for sharing for the probable aim of amusement and/or benefit (such as likes, shares, or views)". This view stated the parallel with the JFK assassination tape was invalid, as that footage was released long after the assassination, "after public sentiment regarding it had calmed".

Reactions to the Decision

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

"X fought this decision to uphold free speech and the importance of public access about issues of public interest. Our commitment remains committed to protecting these fundamental values."

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

Recent Developments on Sensitive Footage

Separately, the eSafety commissioner has not issued take-down orders to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. Officials commented that while the images were upsetting, they did not reach the high threshold for a "total ban" rating.

Instead, the companies have been instructed to apply sensitive content labels and interstitials, such as blurring, on this material in line with their existing community guidelines.