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Following a notable regulatory appeal, a national review panel has reversed a earlier ruling that blocked Australian-based users from seeing video footage of the violent event involving conservative commentator Charlie Kirk. The appeal was initiated by Elon Musk's social media platform, arguing against an order issued at the request of the national eSafety commissioner.

Background on the Case and Ban

Following the fatal shooting of Charlie Kirk at a US campus in last year, the regulator applied to 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 posts 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—showing the assault of Iryna Zarutska on a train in Charlotte—which had also been classified as "unacceptable for distribution".

The Platform's Case and Final Ruling

In its appeal, X contended that the footage in question contained only a short moment of violence with no visible weapon. It was argued the recording was low-quality and the camera quickly panned away from the victim to the surrounding crowd.

The social media giant argued the video was not excessively detailed, gratuitous, or objectionable, adding that it served as a factual documentation of "a notorious public event of historical and political significance that prompted widespread discussion". The platform drew a parallel between the footage and the well-known recording of President John F. Kennedy's assassination.

Most members of the classification panel concluded that, "despite the terrible 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 different editing could have resulted in a different ruling. Consequently, the panel revised the rating of the content to R18+.

The Minority Viewpoint

A minority on the board disagreed, contending the video was "content designed for sharing for the likely purposes of amusement and/or personal gain (such as likes, shares, or views)". This view stated the comparison to the JFK assassination tape was invalid, as that footage was made public long after the assassination, "once emotions regarding it had subsided".

Response Following the Outcome

Posting on its global government affairs account, X expressed approval of the ruling.

"We challenged this decision to uphold free speech and the critical nature of public access about matters of public significance. We remain dedicated to protecting these fundamental values."

A spokesperson for the eSafety commissioner also welcomed the ruling, but noted that the new R18+ rating now means platforms "have obligations to prevent R18+ material being displayed to Australians who are minors".

Recent Developments on Violent Content

Separately, the regulator has not issued formal notices to social media companies this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the images were distressing, they did not reach the high threshold for a "total ban" rating.

Instead, the companies have been advised to use sensitive content labels and screens, such as obscuring the image, on this material in line with their own content policies.