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In a significant regulatory appeal, the Australian classification review board has reversed a prior decision that blocked viewers in Australia from accessing video footage of the shooting incident involving conservative commentator Charlie Kirk. The appeal was lodged by Elon Musk's company X, arguing against an order issued at the request of the national eSafety commissioner.

Background on the Original Classification Ruling

After the death of Charlie Kirk at a US campus in last year, the regulator applied to the classification board to assess and rate the circulating video. The board initially ruled the content was "unable to be classified", a designation that allowed the commissioner to order platforms to restrict access to the videos for an Australian audience.

Elon Musk's company filed an appeal for two separate videos depicting the Kirk incident. It also appealed a comparable ban on another piece of footage—depicting the attack on Iryna Zarutska on a North Carolina train—which had also been deemed "refused classification".

Arguments Presented and Board's Decision

Arguing its case, X asserted that the footage in question contained only a short moment of violence with no visible weapon. The company noted the footage was grainy and the camera quickly panned away from the victim to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, exploitative, or objectionable, stating it served as a factual documentation of "a significant incident of historical and political significance that prompted widespread discussion". X drew a parallel between the video and the historic film of President John F. Kennedy's assassination.

Most members of the review board concluded that, "notwithstanding the heinous nature of the event," the content did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. However, they noted that a longer or clearer version with alternative commentary might have met that threshold. As a result, 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 "a shareable video for the probable aim of amusement and/or personal gain (such as likes, shares, or views)". This view stated the comparison to the JFK assassination tape was invalid, as the Kennedy video was made public years after the event, "once emotions around the matter had subsided".

Response Following the Outcome

Posting on its global government affairs account, X welcomed the decision.

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

A spokesperson for the eSafety commissioner acknowledged the ruling, but noted that the new R18+ rating now implies platforms "have obligations to prevent R18+ material being displayed to users who are minors".

Broader Context on Sensitive Footage

Separately, the eSafety commissioner did not issue take-down orders to platforms this week regarding graphic footage from the recent Bondi beach terror attack shared across social media. Officials commented that while the content were upsetting, they did not reach the required standard for a "total ban" rating.

Instead, the companies have been advised to apply sensitive content labels and screens, such as blurring, on this material in line with their existing community guidelines.