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Following a significant legal reversal, the Australian classification review board has overturned a earlier ruling that prevented viewers in Australia from seeing video footage of the violent event involving conservative commentator Charlie Kirk. The appeal was lodged by Elon Musk's company X, arguing against an order issued at the request of the online safety regulator.

Details of the Case and Ban

Following the death of Charlie Kirk at Utah Valley University in September, the eSafety commissioner applied to the classification board to assess and rate the circulating video. The board first determined the content was "unable to be classified", a designation that empowered the commissioner to order platforms to geo-block the videos for an Australian audience.

The platform X challenged the decision for two separate videos related to the Kirk incident. Additionally, it contested a similar ruling on a separate video—showing the attack on Iryna Zarutska on a North Carolina train—which had also been classified as "refused classification".

The Platform's Case and Board's Decision

Arguing its case, X contended that the footage in question contained only brief violence with the weapon not shown. The company noted the footage was grainy and the focus shifted rapidly from the victim 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 historical and political significance that generated extensive public discourse". The platform drew a parallel between the video and the well-known recording of the JFK shooting.

The majority of the classification panel concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. However, they noted that a more detailed depiction with alternative commentary could have resulted in a different ruling. As a result, the board revised the classification of the content to R18+.

The Minority Opinion

A minority on the board held a contrary view, arguing the video was "a shareable video for the probable aim of entertainment and/or personal gain (such as likes, shares, or views)". This view stated the parallel with the JFK assassination tape was invalid, as that footage was made public long after the event, "once emotions around the matter had calmed".

Response Following the Outcome

In a statement on its official policy channel, the platform expressed approval of the ruling.

"X fought this decision to uphold freedom of expression and the critical nature of public access about matters of public significance. Our commitment remains dedicated to safeguarding these fundamental values."

A spokesperson for the safety regulator also welcomed the ruling, but noted that the revised classification now implies platforms "have obligations to prevent R18+ material being displayed to users who are minors".

Broader Context on Sensitive Footage

Separately, the eSafety commissioner did not issue take-down orders to platforms this week regarding disturbing videos from the Sydney beach incident circulating on social media. The regulator stated that while the images were distressing, they did not reach the required standard for a "total ban" rating.

Instead, the companies have been instructed to apply warning labels and interstitials, such as obscuring the image, on this material in accordance with their existing community guidelines.