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Following a significant legal reversal, the Australian classification review board has overturned a earlier ruling that prevented Australian-based users from seeing video footage of the violent event involving influencer 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.

Background on the Original Classification Ruling

After the death of Charlie Kirk at a US campus in September, the regulator petitioned the classification board to assess and rate the circulating video. It initially ruled the content was "unable to be classified", a rating that allowed the regulator to instruct platforms to geo-block 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 another piece of footage—depicting the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

The Platform's Case and Board's Decision

Arguing its case, X contended that the Kirk video contained only a short moment of violence with the weapon not shown. The company noted the footage was grainy and the focus shifted rapidly from the victim to the surrounding crowd.

The social media giant maintained the footage was not overly graphic, gratuitous, or objectionable, stating it served as a neutral objective record of "a significant incident of historical and political significance that prompted widespread discussion". The platform drew a parallel between the footage and the well-known recording of President John F. Kennedy's assassination.

Most members of the classification panel ultimately agreed that, "despite the terrible nature of the event," the video did not reach a level that was exploitative, gratuitous, 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 changed the rating of the videos to R18+.

The Minority Opinion

Some on the panel disagreed, contending the post was "content designed for sharing for the likely purposes of amusement and/or benefit (such as engagement metrics)". This view stated the parallel with the Zapruder JFK film was flawed, as that footage was made public years after the event, "once emotions around the matter had subsided".

Reactions to the Outcome

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

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

Representatives for the safety regulator also welcomed the ruling, but noted that the revised classification now means platforms "have obligations to ensure R18+ material being displayed to Australians under 18".

Broader Context on Violent Content

Separately, the regulator has not issued take-down orders to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. Officials commented that while the images were upsetting, they did not reach the required standard for a "refused classification" rating.

As an alternative, the companies have been instructed to use sensitive content labels and screens, such as obscuring the image, on this material in accordance with their existing community guidelines.