Elon Musk's X Secures Appeal to Restore Viewing for Australian Users to Charlie Kirk Shooting Footage

In a significant regulatory appeal, a national review panel has reversed a prior decision that blocked Australian-based users from accessing recorded content of the shooting incident involving conservative commentator Charlie Kirk. The appeal was lodged by Elon Musk's company X, arguing against an directive sought by the national eSafety commissioner.

Details of the Original Ban

After the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to assess and rate the available footage. The board initially ruled the content was "refused classification", a rating that empowered the regulator to order platforms to restrict access to the posts for an Australian audience.

The platform X challenged the decision for a pair of videos depicting the Kirk incident. It also appealed a similar ruling on a separate video—depicting the assault of Iryna Zarutska on a North Carolina train—which had likewise been deemed "unacceptable for distribution".

The Platform's Case and Board's Decision

In its appeal, X contended 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 bystanders.

The social media giant maintained the footage was not overly graphic, gratuitous, or objectionable, stating it served as a factual documentation of "a notorious public event of historical and political significance that prompted widespread discussion". The platform drew a parallel between the video and the historic film of the JFK shooting.

The majority of the classification panel concluded that, "despite the terrible nature of the event," the content did not reach a level that was exploitative, gratuitous, or offensive enough to warrant a 'refused classification' rating. However, they noted that a longer or clearer version with alternative commentary might have resulted in a different ruling. As a result, the panel revised the classification of the content to R18+.

A Dissenting Viewpoint

Some on the panel held a contrary view, arguing the post was "content designed for sharing 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 flawed, as the Kennedy video was released long after the assassination, "after public sentiment around the matter had subsided".

Response Following the Outcome

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

"X fought this case to uphold free speech and the critical nature of public access about matters of public significance. Our commitment remains committed to protecting these fundamental values."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but noted that the revised classification now means platforms "have obligations to ensure R18+ material is not accessible to users under 18".

Broader Context on Sensitive Footage

In related news, the regulator has not issued take-down orders to social media companies this week regarding disturbing videos 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 "total ban" rating.

Instead, platforms have been advised to use sensitive content labels and interstitials, such as obscuring the image, on this material in accordance with their own content policies.