🔗 Share this article

In a significant legal reversal, a national review panel has reversed a prior decision that blocked 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 directive sought by the online safety regulator.

Background on the Original Classification Ruling

Following the death of Charlie Kirk at Utah Valley University in last year, the regulator petitioned the review board to officially classify the circulating video. It initially ruled the content was "unable to be classified", a designation that allowed the regulator to order platforms to restrict access to the posts for an Australian audience.

The platform X filed an appeal for a pair of videos depicting the Kirk incident. Additionally, it contested a similar ruling on a separate video—showing the attack on Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

The Platform's Case and Final Ruling

Arguing its case, X asserted that the footage in question contained only brief violence with no visible weapon. The company noted the footage was grainy and the camera quickly panned away from the individual to the surrounding crowd.

X 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 widespread discussion". X 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 justify a complete ban. However, they noted that a longer or clearer version with alternative commentary could have met that threshold. As a result, the board revised the classification of the content to R18+.

A Dissenting Opinion

A minority on the board held a contrary view, contending the post 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 flawed, as that footage was released years after the assassination, "after public sentiment regarding it had subsided".

Reactions to the Outcome

In a statement on its official policy channel, the platform welcomed the decision.

"X fought this case to uphold freedom of expression and the importance of public access about matters of public significance. We remain dedicated to protecting these principles."

A spokesperson for the eSafety commissioner acknowledged the ruling, but noted that the revised classification now implies platforms "have obligations to ensure R18+ material being displayed to Australians under 18".

Recent Developments on Violent Content

Separately, the regulator 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 had not met the high threshold for a "refused classification" rating.

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