Elon Musk's social media platform, X, has won a significant appeal against an Australian ban on footage showing the shooting of conservative commentator Charlie Kirk. The decision overturns a ruling that required platforms to block the video from users in Australia.
The Appeal and the Board's Ruling
Following the death of Charlie Kirk at Utah Valley University on 10 September, Australia's eSafety commissioner applied to have video of the incident classified. The original ruling deemed the footage "refused classification", which empowered the regulator to order social media companies to geo-block it for Australian viewers.
X launched a challenge against this decision for two separate videos of the Kirk shooting, as well as for another video depicting an attack on Iryna Zarutska in North Carolina in August. The platform argued that the Kirk video contained only brief violence, with no visible weapon, and that the footage was grainy and quickly panned away from the victim.
Historical Significance vs. Sensationalism
In its appeal, X contended the video was a neutral, objective record of "a notorious public event of historical and political significance" and compared it to the film of President John F. Kennedy's assassination. The majority of the Classification Review Board agreed, finding that while the event was heinous, the specific video was not gratuitous, exploitative, or offensive enough to warrant a refused classification.
Instead, the board changed the classification to R18+. A minority dissented, arguing the video was shared for entertainment or personal gain on social media and was not comparable to the JFK footage, which was released years after the event when emotions had cooled.
Implications for Platforms and Regulators
In a statement on its global government affairs account, X welcomed the outcome, stating it fought the case "to uphold free speech and the importance of access to information about matters of public significance."
An eSafety commissioner spokesperson also acknowledged the ruling but highlighted its consequence: platforms now have a legal obligation to prevent under-18s in Australia from accessing the R18+ rated material. The regulator clarified that recent distressing footage from the Bondi Beach terror attack did not meet the threshold for a ban but advised platforms to apply sensitive content warnings.
This case underscores the ongoing tension between online content regulation, public interest, and platform accountability in the digital age.
