The Platform X Wins Appeal to Allow Viewing for Australian Users to Charlie Kirk Shooting Footage

In a significant legal reversal, the Australian classification review board has overturned a prior decision that prevented Australian-based users from seeing recorded content of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an directive sought by the online safety regulator.

Details of the Case and Ban

After the fatal shooting 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. The board initially ruled the content was "refused classification", a rating that allowed the commissioner to instruct platforms to restrict access to the videos for an Australian audience.

Elon Musk's company filed an appeal for a pair of videos related to the Kirk incident. Additionally, it contested 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".

Arguments Presented and Final Ruling

In its appeal, X contended that the Kirk video contained only brief violence with no visible weapon. It was argued the recording was low-quality and the camera quickly panned away from the individual to the surrounding crowd.

X maintained the footage was not excessively detailed, exploitative, or objectionable, adding that it served as a factual documentation of "a notorious public event of public importance that generated extensive public discourse". X drew a parallel between the footage and the historic film of President John F. Kennedy's assassination.

The majority of the classification panel concluded that, "despite the terrible nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. The board suggested that a longer or clearer version with different editing might have resulted in a different ruling. Consequently, the panel revised the rating of the videos to R18+.

A Dissenting Opinion

Some on the board held a contrary view, arguing the video was "a shareable video for the probable aim of amusement and/or benefit (such as likes, shares, or views)". This view stated the comparison to the Zapruder JFK film was flawed, as the Kennedy video was made public years after the event, "once emotions regarding it had subsided".

Response Following the Outcome

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

"We challenged this decision to defend freedom of expression and the critical nature of access to information about issues of public interest. We remain dedicated to safeguarding these fundamental values."

A spokesperson for the safety regulator acknowledged the ruling, but pointed out that the new R18+ rating now implies platforms "have obligations to prevent R18+ material is not accessible to Australians under 18".

Broader Context on Violent Content

In related news, the regulator did not issue take-down orders to platforms this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. Officials commented that while the content were upsetting, they did not reach the high threshold for a "refused classification" rating.

As an alternative, the companies have been advised to use sensitive content labels and interstitials, such as blurring, on this material in accordance with their own content policies.