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Following a notable legal reversal, the Australian classification review board has overturned a earlier ruling that blocked viewers in Australia from seeing video footage of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's company X, arguing against an order sought by the online safety regulator.

Background on the Original Ban

After the fatal shooting of Charlie Kirk at Utah Valley University in September, the eSafety commissioner applied to the review board to assess and rate the circulating video. The board initially ruled the content was "unable to be classified", a rating that allowed the commissioner to order social media companies to geo-block the posts for users in Australia.

Elon Musk's company filed an appeal for a pair of videos depicting the Kirk incident. It also appealed a similar ruling on a separate video—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

The Platform's Case and Final Ruling

In its appeal, X asserted that the Kirk video contained only a short moment of violence with the weapon not shown. The company noted the recording was low-quality and the focus shifted rapidly from the individual to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, gratuitous, or objectionable, stating it served as a factual documentation of "a notorious public event of public importance that prompted extensive public discourse". X drew a parallel between the video and the historic film of the JFK shooting.

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 different editing might have met that threshold. Consequently, the board revised the rating of the videos to R18+.

The Minority Opinion

Some on the board held a contrary view, arguing the video 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 that footage was released long after the event, "after public sentiment regarding it had subsided".

Response Following the Decision

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

"We challenged this decision to uphold free speech and the critical nature of public access about issues of public interest. Our commitment remains dedicated to safeguarding these fundamental values."

A spokesperson for the safety regulator acknowledged the ruling, but noted that the new R18+ rating now implies platforms "must take steps to prevent R18+ material being displayed to Australians under 18".

Recent Developments on Violent Content

In related news, the regulator did not issue formal notices to platforms this week regarding graphic footage from the recent Bondi beach terror attack shared across social media. Officials commented that while the images were distressing, they did not reach the required standard 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 accordance with their existing community guidelines.