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In a notable regulatory appeal, a national review panel has reversed a prior decision that prevented Australian-based users from accessing recorded content of the shooting incident involving influencer Charlie Kirk. The appeal was initiated by Elon Musk's company X, arguing against an directive issued at the request of the online safety regulator.

Details of the Original Classification Ruling

Following the fatal shooting of Charlie Kirk at Utah Valley University in September, the eSafety commissioner petitioned the review board to assess and rate the available footage. The board first determined the content was "refused classification", a rating that allowed the commissioner to instruct social media companies to restrict access to the videos for users in Australia.

The platform X filed an appeal for a pair of videos related to the Kirk incident. Additionally, it contested a similar ruling on another piece of footage—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

The Platform's Case and Final Ruling

In its appeal, X contended that the footage in question contained only brief violence with the weapon not shown. It was argued the recording was low-quality and the focus shifted rapidly 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 notorious public event of historical and political significance that generated widespread discussion". X drew a parallel between the video and the well-known recording of President John F. Kennedy's assassination.

The majority 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 longer or clearer version with alternative commentary might have met that threshold. As a result, the panel changed the classification of the videos to R18+.

The Minority Viewpoint

A minority on the board disagreed, arguing the post was "content designed for sharing for the probable aim of entertainment and/or benefit (such as likes, shares, or views)". This view stated the comparison to the JFK assassination tape was flawed, as the Kennedy video was released long after the event, "once emotions regarding it had calmed".

Response Following the Decision

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

"We challenged this case to defend freedom of expression and the importance of access to information about matters of public significance. We remain committed to safeguarding these principles."

Representatives for the eSafety commissioner acknowledged the board's decision, 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

In related news, the eSafety commissioner did not issue take-down orders to social media companies this week regarding disturbing videos from the recent Bondi beach terror attack shared across social media. Officials commented that while the content were distressing, they did not reach the high threshold for a "refused classification" rating.

Instead, the companies have been instructed to use warning labels and screens, such as obscuring the image, on such content in accordance with their own content policies.