🔗 Share this article

In a notable regulatory appeal, the Australian classification review board has overturned a earlier ruling that prevented Australian-based users from accessing recorded content 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 online safety regulator.

Details of the Original Ban

Following the death of Charlie Kirk at a US campus in last year, the eSafety commissioner applied to the classification board to assess and rate the circulating video. It initially ruled the content was "refused classification", a rating that empowered the regulator to instruct platforms to restrict access to the posts for users in Australia.

The platform X filed an appeal for a pair of videos depicting the Kirk incident. It also appealed a similar ruling on another piece of footage—depicting the assault of Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

Arguments Presented and Final Ruling

Arguing its case, X asserted that the Kirk video contained only brief violence with the weapon not shown. It was argued the footage was grainy and the focus shifted rapidly from the victim to the bystanders.

The social media giant maintained the footage was not overly graphic, gratuitous, or objectionable, stating it served as a neutral objective record of "a notorious public event of public importance that prompted widespread discussion". The platform even compared the footage and the well-known recording of the JFK shooting.

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 warrant a 'refused classification' rating. However, they noted that a more detailed depiction with different editing might have resulted in a different ruling. As a result, the board revised the rating of the content to R18+.

The Minority Opinion

Some on the board held a contrary view, contending the video was "a shareable video for the likely purposes of amusement and/or benefit (such as engagement metrics)". They also argued the comparison to the Zapruder JFK film was flawed, as that footage was released long after the event, "after public sentiment regarding it had subsided".

Reactions to the Outcome

Posting on its global government affairs account, X welcomed the ruling.

"X fought this case to uphold free speech and the critical nature of access to information about matters of public significance. Our commitment remains dedicated to safeguarding these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the new R18+ rating now means platforms "have obligations to prevent R18+ material being displayed to users who are minors".

Recent Developments on Sensitive Footage

In related news, the regulator has not issued take-down orders to platforms this week regarding disturbing videos from the Sydney beach incident shared across social media. The regulator stated that while the content were distressing, they did not reach the high threshold for a "total ban" rating.

As an alternative, platforms have been advised to use warning labels and screens, such as obscuring the image, on such content in line with their own content policies.