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In a significant legal reversal, a national review panel has reversed a prior decision that prevented viewers in Australia from seeing video footage of the shooting incident involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an directive issued at the request of the online safety regulator.

Background on the Case and Ban

After the death of Charlie Kirk at a US campus in last year, the eSafety commissioner petitioned the classification board to officially classify the circulating video. It initially ruled the content was "unable to be classified", a designation that empowered the regulator to order social media companies to geo-block the posts for an Australian audience.

The platform X challenged the decision for a pair of videos depicting the Kirk incident. Additionally, it contested a similar ruling on a separate video—depicting the attack on Iryna Zarutska on a North Carolina train—which had also been classified as "unacceptable for distribution".

The Platform's Case and Final Ruling

In its appeal, X asserted that the footage in question contained only brief violence with no visible weapon. The company noted the footage was grainy and the camera quickly panned away from the individual to the bystanders.

The social media giant argued the video was not excessively detailed, exploitative, or objectionable, adding that it served as a neutral objective record of "a notorious public event of historical and political significance that prompted extensive public discourse". X drew a parallel between the footage and the historic film of the JFK shooting.

Most members of the review board concluded that, "despite the terrible nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. The board suggested that a more detailed depiction with alternative commentary might have met that threshold. Consequently, the board revised the classification of the videos to R18+.

The Minority Opinion

A minority on the panel held a contrary view, arguing the video was "content designed for sharing for the likely purposes of entertainment and/or personal gain (such as engagement metrics)". This view stated the parallel with the JFK assassination tape was flawed, as the Kennedy video was released years after the event, "after public sentiment around the matter had calmed".

Response Following the Outcome

Posting on its official policy channel, the platform expressed approval of the decision.

"We challenged this case to uphold freedom of expression and the importance of public access about issues of public interest. Our commitment remains committed to safeguarding these principles."

A spokesperson for the safety regulator also welcomed the board's decision, but pointed out that the new R18+ rating now means platforms "have obligations to ensure R18+ material is not accessible to users under 18".

Recent Developments on Sensitive Footage

Separately, the eSafety commissioner did not issue take-down orders to social media companies this week regarding graphic footage from the recent Bondi beach terror attack 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 instructed to use warning labels and interstitials, such as obscuring the image, on this material in line with their existing community guidelines.