Elon Musk's X triumphs in appeal to lift block on Australians viewing Charlie Kirk shooting footage
The Australian Classification Review Board has overturned a decision to block Australians from accessing footage of the shooting of conservative influencer Charlie Kirk on social media after Elon Musk's X (formerly Twitter) successfully appealed against the ruling sought by the eSafety commissioner.
Following Kirk's death at Utah Valley University on September 10, the eSafety commissioner applied to the board to have the video of the shooting classified in Australia. The video was initially deemed 'refused classification', allowing eSafety to issue notices to social media platforms, ordering them to geo-block the posts from Australian users.
X appealed against the ruling on two separate Kirk videos and another video deemed refused classification – the attack on Iryna Zarutska on a train in Charlotte, North Carolina, in August.
X's successful appeal in the Kirk case argued that the video contained brief violence with no visible weapon. The footage was described as grainy, and the camera quickly moved away from the victim to the crowd.
X's legal team contended that the video was not excessively detailed, gratuitous, or offensive, emphasizing that it was a neutral, objective record of a 'notorious public event of historical and political significance that prompted extensive public discourse'. They drew a parallel between the video and the footage of the assassination of John F. Kennedy.
The majority of the review board agreed, stating that 'notwithstanding the heinous nature of the event', the video was not gratuitous, exploitative, or offensive to the extent that it should be refused classification. However, they acknowledged that a more detailed depiction with different editing or commentary might rise to the level of refused classification. The board reclassified the videos to R18+.
The minority view disagreed, arguing that the post was 'shareable for entertainment or personal gain' and could be distributed to social media users. They compared it to the Zapruder JFK video, released 15 years after JFK's assassination, suggesting that emotions around the matter had subsided.
X's global government affairs account welcomed the decision, emphasizing their commitment to free speech and access to information about matters of public significance.
A spokesperson for the eSafety commissioner acknowledged the ruling but noted that the review board's decision to classify the video as R18+ means platforms have an obligation to prevent R18+ material from being displayed to Australians under 18.
Interestingly, the regulator has not issued notices to any platforms regarding footage from the Bondi Beach terror attack that has spread on social media, stating that while the images are distressing, they do not meet the criteria for refused classification.
