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Following a notable regulatory appeal, a national review panel has overturned a prior decision that prevented viewers in Australia from seeing video footage of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an order sought by the online safety regulator.

Details of the Original Ban

Following the death of Charlie Kirk at a US campus in September, 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 empowered the commissioner to instruct platforms to geo-block the videos for an Australian audience.

Elon Musk's company filed an appeal for two separate videos related to the Kirk incident. Additionally, it contested a similar ruling on another piece of footage—depicting the attack on Iryna Zarutska on a train in Charlotte—which had likewise been classified as "refused classification".

The Platform's Case and Board's Decision

Arguing its case, X asserted that the Kirk video contained only brief violence with the weapon not shown. It was argued the footage was grainy and the focus shifted rapidly from the individual to the surrounding crowd.

X maintained the footage was not excessively detailed, gratuitous, or offensive, adding that it served as a neutral objective record of "a notorious public event of public importance that prompted widespread discussion". The platform even compared the video and the well-known recording 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 gratuitous, exploitative or offensive enough to justify a complete ban. The board suggested that a longer or clearer version with different editing might have resulted in a different ruling. As a result, the panel changed the rating of the content to R18+.

The Minority Opinion

A minority 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 engagement metrics)". This view stated the parallel with the JFK assassination tape was flawed, as that footage was released years after the event, "after public sentiment regarding it had calmed".

Response Following the Decision

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

"X fought this case to defend freedom of expression and the importance of access to information about matters of public significance. Our commitment remains committed to protecting these principles."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but noted that the new R18+ rating now implies platforms "have obligations to prevent R18+ material being displayed to Australians under 18".

Broader Context on Sensitive Footage

Separately, the regulator 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 upsetting, they did not reach the high threshold for a "refused classification" rating.

As an alternative, the companies have been advised to use sensitive content labels and interstitials, such as obscuring the image, on such content in accordance with their own content policies.