🔗 Share this article

Following a notable legal reversal, the Australian classification review board has overturned a prior decision that blocked viewers in Australia from seeing video footage of the violent event involving influencer Charlie Kirk. The appeal was initiated by Elon Musk's social media platform, which contested an directive sought by the online safety regulator.

Background on the Case and Ban

Following the fatal shooting of Charlie Kirk at Utah Valley University in last year, the regulator applied to the classification board to assess and rate the available footage. It first determined the content was "unable to be classified", a rating that allowed the commissioner to order social media companies to geo-block the posts for users in Australia.

The platform X challenged the decision for two separate videos depicting the Kirk incident. Additionally, it contested a similar ruling on another piece of footage—depicting the attack on Iryna Zarutska on a North Carolina train—which had also been deemed "refused classification".

The Platform's Case and Board's Decision

In its appeal, X asserted that the Kirk video contained only a short moment of violence with the weapon not shown. It was argued the footage was grainy and the camera quickly panned away from the individual to the surrounding crowd.

X argued the video was not excessively detailed, gratuitous, or objectionable, adding that it served as a neutral objective record of "a significant incident of public importance that prompted widespread discussion". X drew a parallel between the video and the well-known recording of President John F. Kennedy's assassination.

Most members of the review board ultimately agreed that, "notwithstanding the heinous nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. However, they noted that a more detailed depiction with alternative commentary could have met that threshold. Consequently, the board changed the rating of the videos to R18+.

The Minority Viewpoint

Some on the panel held a contrary view, arguing the post was "a shareable video for the probable aim of entertainment and/or personal gain (such as likes, shares, or views)". This view stated the comparison to the JFK assassination tape was flawed, as that footage was made public long after the event, "after public sentiment regarding it had subsided".

Reactions to the Outcome

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

"X fought this case to defend free speech and the critical nature of public access about issues of public interest. We remain committed to safeguarding these principles."

A spokesperson for the safety regulator acknowledged the board's decision, but pointed out that the new R18+ rating now means platforms "have obligations to ensure R18+ material being displayed to users under 18".

Recent Developments on Violent Content

In related news, the regulator has not issued formal notices to social media companies this week regarding disturbing videos from the Sydney beach incident shared across social media. The regulator stated that while the images were upsetting, they did not reach the required standard for a "refused classification" rating.

Instead, platforms have been instructed to use sensitive content labels and screens, such as blurring, on such content in accordance with their own content policies.