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Following a notable regulatory appeal, a national review panel has reversed a earlier ruling that blocked viewers in Australia from accessing video footage of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's company X, which contested an order issued at the request of the online safety regulator.

Background on the Case and Ban

Following the death of Charlie Kirk at a US campus in last year, the regulator petitioned the review board to assess and rate the circulating video. The board first determined the content was "refused classification", a rating that empowered the commissioner to order social media companies to geo-block the posts for users in Australia.

The platform X challenged the decision for two separate videos depicting the Kirk incident. It also appealed a similar ruling on a separate video—depicting the assault of 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 Kirk video 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.

The social media giant argued the video was not overly graphic, gratuitous, or objectionable, adding that it served as a factual documentation of "a significant incident of historical and political significance that generated extensive public discourse". The platform drew a parallel between the video and the historic film of the JFK shooting.

Most members of the classification panel concluded that, "despite the terrible nature of the event," the video did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. However, they noted that a more detailed depiction with different editing might have met that threshold. Consequently, the board changed the classification of the videos to R18+.

A Dissenting Viewpoint

A minority on the board disagreed, contending the video was "content designed for sharing for the probable aim of entertainment and/or benefit (such as engagement metrics)". They also argued the comparison to the Zapruder JFK film was flawed, as the Kennedy video was released years after the event, "after public sentiment around the matter had subsided".

Reactions to the Decision

In a statement on its global government affairs account, the platform expressed approval of the decision.

"X fought this decision to uphold free speech and the importance of public access about issues of public interest. Our commitment remains committed to protecting these fundamental values."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but noted that the revised classification now implies platforms "have obligations to ensure R18+ material is not accessible to Australians who are minors".

Recent Developments on Sensitive Footage

In related news, the regulator did not issue formal notices 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 had not met the required standard for a "total ban" rating.

As an alternative, platforms have been advised to apply sensitive content labels and interstitials, such as blurring, on such content in line with their own content policies.