🔗 Share this article

Following a notable regulatory appeal, 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. The appeal was lodged by Elon Musk's social media platform, which contested an directive issued at the request of the online safety regulator.

Details of the Case and Classification Ruling

After the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to assess and rate the circulating video. The board initially ruled the content was "unable to be classified", a rating that allowed the commissioner to order social media companies to geo-block the videos for users in Australia.

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 assault of Iryna Zarutska on a train in Charlotte—which had likewise been deemed "unacceptable for distribution".

The Platform's Case and Final Ruling

In its appeal, X contended that the Kirk video contained only brief violence with no visible weapon. It was argued the footage was grainy and the focus shifted rapidly from the victim to the bystanders.

The social media giant argued the video was not excessively detailed, exploitative, or offensive, stating it served as a neutral objective record of "a notorious public event of historical and political significance that generated widespread discussion". The platform even compared the video and the well-known recording of the JFK shooting.

The majority of the classification panel ultimately agreed that, "despite the terrible nature of the event," the content did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. However, they noted that a more detailed depiction with alternative commentary might have met that threshold. Consequently, the panel changed the classification of the videos to R18+.

The Minority Opinion

A minority on the board disagreed, arguing the video was "a shareable video for the likely purposes of amusement and/or benefit (such as likes, shares, or views)". They also argued the comparison to the JFK assassination tape was flawed, as that footage was released long after the event, "once emotions around the matter had subsided".

Response Following the Decision

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

"X fought this decision to defend freedom of expression and the importance of access to information about issues of public interest. Our commitment remains dedicated to safeguarding these principles."

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

Recent Developments on Violent Content

In related news, the regulator did not issue take-down orders to social media companies this week regarding graphic footage from the Sydney beach incident shared across social media. Officials commented that while the images were distressing, they did not reach the high threshold for a "total ban" rating.

Instead, platforms have been instructed to apply warning labels and interstitials, such as blurring, on such content in line with their own content policies.