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Following a notable regulatory appeal, the Australian classification review board has overturned a earlier ruling that blocked Australian-based users from accessing recorded content of the violent event involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's company X, arguing against an order sought by the online safety regulator.

Details of the Original Classification Ruling

After the fatal shooting of Charlie Kirk at Utah Valley University in last year, the eSafety commissioner petitioned the classification board to officially classify the circulating video. The board initially ruled the content was "unable to be classified", a rating that allowed the regulator to instruct social media companies to restrict access to the posts for an Australian audience.

The platform X filed an appeal for a pair of videos related to the Kirk incident. Additionally, it contested a comparable ban on another piece of footage—showing the attack on Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

Arguments Presented and Board's Decision

In its appeal, X contended that the Kirk video contained only brief violence with the weapon not shown. It was argued the recording was low-quality and the focus shifted rapidly from the victim to the bystanders.

The social media giant argued the video was not excessively detailed, exploitative, or objectionable, adding that it served as a neutral objective record of "a notorious public event of public importance that generated extensive public discourse". X drew a parallel between the video and the well-known recording of the JFK shooting.

Most members of the classification panel concluded that, "notwithstanding the heinous nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to justify a complete ban. The board suggested that a more detailed depiction with different editing could have met that threshold. As a result, the panel changed the rating of the videos to R18+.

The Minority Opinion

Some on the board held a contrary view, contending the video was "content designed for sharing for the probable aim of entertainment and/or personal gain (such as engagement metrics)". This view stated the parallel with the Zapruder JFK film was flawed, as that footage was released long after the assassination, "after public sentiment around the matter had calmed".

Response Following the Outcome

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

"We challenged this case to uphold freedom of expression and the importance of access to information about matters of public significance. We remain committed to protecting these fundamental values."

Representatives for the safety regulator acknowledged the ruling, but pointed out that the new R18+ rating now means platforms "must take steps to prevent R18+ material is not accessible to users under 18".

Recent Developments on Violent Content

Separately, the regulator has not issued take-down orders to social media companies this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the images were upsetting, they did not reach the high threshold for a "total ban" rating.

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