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In a notable regulatory appeal, a national review panel has overturned a earlier ruling that prevented viewers in Australia from accessing recorded content of the shooting incident involving influencer Charlie Kirk. The appeal was lodged by Elon Musk's social media platform, which contested an order sought by the online safety regulator.

Background on the Case and Classification Ruling

Following the death of Charlie Kirk at Utah Valley University in September, the regulator applied to the review board to officially classify the available footage. The board first determined the content was "unable to be classified", a designation that empowered the commissioner to instruct social media companies to geo-block the videos for users in Australia.

The platform X filed an appeal for a pair of videos related to the Kirk incident. Additionally, it contested a similar ruling on a separate video—showing the assault of Iryna Zarutska on a train in Charlotte—which had also been deemed "refused classification".

Arguments Presented and Final Ruling

In its appeal, X asserted that the footage in question contained only a short moment of violence with no visible weapon. The company noted the recording was low-quality and the camera quickly panned away from the individual to the surrounding crowd.

X maintained the footage was not excessively detailed, gratuitous, or offensive, stating it served as a neutral objective record of "a significant incident of public importance that prompted widespread discussion". X drew a parallel between the video and the well-known recording of President John F. Kennedy's assassination.

The majority of the review board ultimately agreed 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. The board suggested that a longer or clearer version with alternative commentary might have resulted in a different ruling. Consequently, the board changed the classification of the videos to R18+.

The Minority Viewpoint

Some on the board held a contrary view, contending the video was "content designed for sharing for the likely purposes of amusement and/or personal gain (such as engagement metrics)". They also argued the parallel with the Zapruder JFK film was flawed, as the Kennedy video was released years after the event, "once emotions regarding it had subsided".

Reactions to the Decision

In a statement on its official policy channel, X welcomed the decision.

"We challenged this decision to defend free speech and the critical nature of public access about matters of public significance. We remain dedicated to safeguarding these principles."

Representatives for the safety regulator also welcomed the board's decision, but noted that the revised classification now implies platforms "have obligations to ensure R18+ material is not accessible to Australians who are minors".

Recent Developments on Sensitive Footage

In related news, the regulator did not issue take-down orders to platforms this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. Officials commented that while the content were upsetting, they did not reach the high threshold for a "total ban" rating.

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