Elon Musk's X Secures Appeal to Allow Viewing for Australian Users to Charlie Kirk Video Content

In a significant regulatory appeal, a national review panel has overturned a prior decision that prevented viewers in Australia from accessing recorded content of the violent event 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 national eSafety commissioner.

Background on the Case and Classification Ruling

Following the death of Charlie Kirk at a US campus in September, the regulator petitioned the review board to officially classify the circulating video. The board initially ruled the content was "refused classification", a rating that allowed the regulator to order social media companies to restrict access to the videos for users in Australia.

The platform X filed an appeal for two separate videos depicting the Kirk incident. It also appealed a similar ruling on another piece of footage—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "refused classification".

The Platform's Case and Final Ruling

Arguing its case, X asserted that the Kirk video contained only brief violence with the weapon not shown. The company noted the recording was low-quality and the focus shifted rapidly from the individual to the surrounding crowd.

X argued the video was not overly graphic, exploitative, or offensive, adding that it served as a factual documentation of "a notorious public event of public importance that generated extensive public discourse". X even compared the footage and the well-known recording of the JFK shooting.

The majority of the review board concluded that, "despite the terrible nature of the event," the video 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 could have resulted in a different ruling. As a result, the board revised the rating of the videos to R18+.

A Dissenting Viewpoint

A minority on the panel 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 parallel with the Zapruder JFK film was flawed, as that footage was released long after the assassination, "once emotions regarding it had calmed".

Response Following the Decision

Posting on its official policy channel, the platform welcomed the decision.

"X fought this decision to uphold free speech and the importance of public access about matters of public significance. Our commitment remains dedicated 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 implies platforms "must take steps to ensure R18+ material being displayed to users who are minors".

Recent Developments on Violent Content

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

Instead, the companies have been instructed to use warning labels and screens, such as obscuring the image, on such content in line with their own content policies.