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Following a notable legal reversal, a national review panel has reversed a prior decision that prevented Australian-based users from accessing recorded content of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an order issued at the request of the national eSafety commissioner.

Details of the Case and Ban

Following the death of Charlie Kirk at a US campus in September, the regulator petitioned the review board to assess and rate the circulating video. It first determined the content was "refused classification", a designation that allowed the regulator to order social media companies to restrict access to the videos for an Australian audience.

The platform X challenged the decision for a pair of videos depicting the Kirk incident. It also appealed a similar ruling on a separate video—depicting the attack on Iryna Zarutska on a North Carolina train—which had likewise been classified as "refused classification".

The Platform's Case and Final Ruling

In its appeal, X asserted that the footage in question contained only a short moment of violence with no visible weapon. The company noted the recording was low-quality and the camera quickly panned away from the individual to the surrounding crowd.

The social media giant maintained the footage was not overly graphic, gratuitous, or offensive, adding that it served as a factual documentation of "a notorious public event of historical and political significance that prompted extensive public discourse". X even compared the video and the well-known recording of President John F. Kennedy's assassination.

Most members of the classification panel concluded that, "despite the terrible nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. The board suggested that a longer or clearer version with different editing could have resulted in a different ruling. As a result, the panel changed the rating of the content to R18+.

The Minority Viewpoint

A minority on the board disagreed, contending the video was "a shareable video for the probable aim of amusement and/or benefit (such as engagement metrics)". They also argued the parallel with the Zapruder JFK film was invalid, as the Kennedy video was released long after the event, "after public sentiment regarding it had subsided".

Reactions to the Outcome

In a statement on its official policy channel, the platform expressed approval of the decision.

"We challenged this decision to defend free speech and the importance of public access about matters of public significance. Our commitment remains committed to protecting these principles."

Representatives for the eSafety commissioner also welcomed the ruling, but noted that the revised classification now implies platforms "must take steps to ensure R18+ material is not accessible to Australians under 18".

Recent Developments on Sensitive Footage

Separately, the regulator has not issued formal notices to platforms this week regarding graphic footage from the Sydney beach incident shared across social media. The regulator stated that while the content were upsetting, they had not met the high threshold for a "refused classification" rating.

Instead, platforms have been instructed to use warning labels and interstitials, such as blurring, on this material in line with their existing community guidelines.