🔗 Share this article

Following a notable regulatory appeal, the Australian classification review board has reversed a prior decision that prevented viewers in Australia from seeing recorded content of the violent event involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's company X, which contested an order sought by the national eSafety commissioner.

Details of the Case and Classification Ruling

After the death of Charlie Kirk at Utah Valley University in September, the regulator petitioned the classification board to officially classify the available footage. It first determined the content was "refused classification", a designation that empowered the regulator to instruct platforms to geo-block the posts for an Australian audience.

The platform X challenged the decision for a pair of videos depicting the Kirk incident. Additionally, it contested a similar ruling on a separate video—depicting the attack on Iryna Zarutska on a train in Charlotte—which had likewise been deemed "refused classification".

The Platform's Case and Board's Decision

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

The social media giant argued the video was not excessively detailed, exploitative, or objectionable, stating it served as a factual documentation of "a significant incident of historical and political significance that prompted extensive public discourse". X even compared the footage and the well-known recording of President John F. Kennedy's assassination.

The majority of the classification panel concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. The board suggested that a longer or clearer version with alternative commentary could have resulted in a different ruling. As a result, the panel changed the classification of the videos to R18+.

A Dissenting Viewpoint

A minority on the board disagreed, arguing the post was "content designed for sharing for the probable aim of entertainment and/or personal gain (such as likes, shares, or views)". This view stated the parallel with the JFK assassination tape was invalid, as that footage was released years after the event, "once emotions regarding it had calmed".

Response Following the Decision

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

"X fought this decision to defend freedom of expression and the importance of access to information about issues of public interest. We remain dedicated to protecting these fundamental values."

Representatives for the eSafety commissioner acknowledged the ruling, but noted that the revised classification now means platforms "must take steps to prevent R18+ material being displayed to users who are minors".

Broader Context on Violent Content

Separately, the regulator has not issued take-down orders to platforms this week regarding graphic footage from the Sydney beach incident circulating on social media. Officials commented that while the content were upsetting, they had not met the high threshold for a "total ban" rating.

As an alternative, platforms have been instructed to use warning labels and interstitials, such as blurring, on such content in accordance with their existing community guidelines.