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Following a significant legal reversal, the Australian classification review board has overturned a prior decision that prevented Australian-based users from accessing recorded content of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, which contested an directive issued at the request of the national eSafety commissioner.

Details of the Original Ban

After the fatal shooting of Charlie Kirk at a US campus in last year, the eSafety commissioner petitioned the review board to officially classify the circulating video. The board initially ruled the content was "refused classification", a rating that empowered the regulator to order platforms to restrict access to 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 comparable ban on a separate video—depicting the assault of Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

The Platform's Case and Board's Decision

Arguing its case, X contended that the Kirk video contained only brief violence with the weapon not shown. The company noted the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

The social media giant maintained the footage was not excessively detailed, exploitative, or objectionable, adding that it served as a factual documentation of "a significant incident of public importance that prompted extensive public discourse". X even compared the footage and the well-known recording of President John F. Kennedy's assassination.

The majority of the review board concluded that, "notwithstanding the heinous 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 could have met that threshold. As a result, the board revised the rating of the content to R18+.

The Minority Viewpoint

A minority on the board held a contrary view, arguing the post was "content designed for sharing for the probable aim of amusement and/or personal gain (such as engagement metrics)". This view stated the comparison to the JFK assassination tape was invalid, as that footage was released long after the event, "after public sentiment regarding it had subsided".

Response Following the Outcome

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

"We challenged this case to uphold freedom of expression and the importance of public access about matters of public significance. Our commitment remains dedicated to safeguarding these principles."

Representatives for the eSafety commissioner also welcomed the ruling, but pointed out that the revised classification now implies platforms "have obligations to ensure R18+ material being displayed to Australians under 18".

Broader Context on Violent Content

Separately, the eSafety commissioner did not issue take-down orders to social media companies this week regarding graphic footage from the Sydney beach incident shared across social media. Officials commented that while the images were upsetting, they did not reach the high threshold for a "refused classification" rating.

As an alternative, the companies have been instructed to apply sensitive content labels and screens, such as blurring, on this material in accordance with their own content policies.