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Following a significant legal reversal, the Australian classification review board has overturned a prior decision that prevented Australian-based users from seeing video footage of the violent event involving conservative commentator Charlie Kirk. The appeal was lodged by Elon Musk's social media platform, arguing against an order sought by the online safety regulator.

Details of the Original Classification Ruling

After the fatal shooting of Charlie Kirk at a US campus in last year, the regulator petitioned the review board to officially classify the available footage. It initially ruled the content was "unable to be classified", a designation that empowered the regulator to instruct platforms to restrict access to the videos for users in Australia.

The platform X challenged the decision for two separate videos related to the Kirk incident. Additionally, it contested a similar ruling on another piece of footage—showing the attack on Iryna Zarutska on a train in Charlotte—which had likewise been classified as "unacceptable for distribution".

The Platform's Case and Board's Decision

Arguing its case, X contended that the footage in question contained only a short moment of violence with no visible weapon. The company noted the recording was low-quality and the focus shifted rapidly from the individual to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, exploitative, or offensive, stating it served as a factual documentation of "a significant incident of public importance that generated extensive public discourse". The platform even compared the video and the well-known recording of the JFK shooting.

The majority of the review board ultimately agreed that, "notwithstanding the heinous nature of the event," the content did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. The board suggested that a longer or clearer version with different editing might have met that threshold. As a result, the panel changed the rating of the content to R18+.

The Minority Opinion

A minority on the board held a contrary view, arguing the video was "a shareable video for the probable aim of amusement and/or personal gain (such as likes, shares, or views)". They also argued the parallel with the JFK assassination tape was flawed, as the Kennedy video was made public long after the event, "after public sentiment regarding it had calmed".

Reactions to the Outcome

Posting on its global government affairs account, X expressed approval of the decision.

"We challenged this case to defend freedom of expression and the critical nature of public access about issues of public interest. We remain committed to protecting these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the new R18+ rating now means platforms "must take steps to ensure R18+ material being displayed to Australians under 18".

Broader Context on Sensitive Footage

Separately, the eSafety commissioner has not issued formal notices to platforms 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 had not met the high threshold for a "refused classification" rating.

Instead, the companies have been advised to apply warning labels and interstitials, such as blurring, on this material in accordance with their own content policies.