🔗 Share this article

Following a notable regulatory appeal, the Australian classification review board has reversed a prior decision that prevented viewers in Australia from accessing video footage of the violent event involving conservative commentator Charlie Kirk. This challenge was initiated by Elon Musk's company X, arguing against an order sought by the online safety regulator.

Details of the Original Ban

After the fatal shooting of Charlie Kirk at Utah Valley University in September, the eSafety commissioner petitioned the review board to officially classify the circulating video. It initially ruled the content was "unable to be classified", a rating that allowed the commissioner to order platforms to geo-block the videos for an Australian audience.

The platform X filed an appeal 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 deemed "refused classification".

Arguments Presented and Board's Decision

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 surrounding crowd.

The social media giant argued the video was not overly graphic, gratuitous, or offensive, stating 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 footage and the historic film of President John F. Kennedy's assassination.

The majority of the classification panel ultimately agreed that, "despite the terrible nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. However, they noted that a longer or clearer version with different editing might have met that threshold. Consequently, the board changed the rating of the content to R18+.

A Dissenting Viewpoint

A minority on the board held a contrary view, contending the video was "content designed for sharing for the likely purposes of amusement and/or personal gain (such as engagement metrics)". They also argued the parallel with the JFK assassination tape was invalid, as that footage was released years after the event, "after public sentiment around the matter had subsided".

Response Following the Outcome

In a statement on its global government affairs account, X welcomed the decision.

"We challenged this decision to uphold free speech and the importance of access to information about issues of public interest. We remain dedicated to protecting these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the revised classification now means platforms "must take steps to ensure R18+ material being displayed to Australians under 18".

Recent Developments on Violent Content

In related news, the eSafety commissioner did not issue formal notices to social media companies this week regarding graphic footage from the Sydney beach incident circulating on social media. The regulator stated that while the images were upsetting, they had not met the required standard for a "refused classification" rating.

Instead, platforms have been instructed to apply sensitive content labels and screens, such as obscuring the image, on this material in line with their existing community guidelines.