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Following a notable regulatory appeal, a national review panel has reversed a prior decision that blocked Australian-based users from accessing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was initiated by Elon Musk's company X, arguing against an directive issued at the request of the online safety regulator.

Background on the Original Ban

After the death of Charlie Kirk at a US campus in last year, the eSafety commissioner petitioned the review board to assess and rate the available footage. The board initially ruled the content was "refused classification", a rating that allowed the commissioner to order platforms to geo-block the videos for an Australian audience.

Elon Musk's company challenged the decision for two separate videos depicting 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 deemed "unacceptable for distribution".

The Platform's Case and Board's Decision

In its appeal, X asserted that the footage in question contained only brief violence with the weapon not shown. The company noted the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

The social media giant maintained the footage was not excessively detailed, exploitative, or offensive, adding that it served as a neutral objective record of "a notorious public event of historical and political significance that prompted extensive public discourse". The platform drew a parallel between the footage and the well-known recording of President John F. Kennedy's assassination.

The majority of the review board concluded that, "notwithstanding the heinous nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. However, they noted that a more detailed depiction with different editing could have resulted in a different ruling. As a result, the panel changed the classification of the videos to R18+.

The Minority Viewpoint

Some on the board disagreed, arguing the video was "a shareable video for the likely purposes of entertainment and/or personal gain (such as engagement metrics)". This view stated the comparison to the Zapruder JFK film was invalid, as the Kennedy video was made public long after the assassination, "after public sentiment regarding it had subsided".

Reactions to the Decision

In a statement on its global government affairs account, the platform welcomed the decision.

"We challenged this case to uphold free speech and the importance of access to information about issues of public interest. We remain dedicated to safeguarding these fundamental values."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but pointed out that the revised classification now means platforms "must take steps to ensure R18+ material being displayed to users under 18".

Recent Developments on Violent Content

In related news, the eSafety commissioner did not issue formal notices to social media companies this week regarding graphic footage from the Sydney beach incident circulating on social media. The regulator stated that while the content were upsetting, they had not met the required standard for a "total ban" rating.

Instead, platforms have been instructed to use warning labels and screens, such as blurring, on this material in accordance with their own content policies.