Elon Musk's social media platform, X, has successfully overturned a decision by Australian authorities that blocked users in the country from viewing footage of the shooting of conservative commentator Charlie Kirk.
Appeal Overturns 'Refused Classification' Ruling
The Australian Classification Review Board has ruled in favour of X after the platform appealed against an earlier decision. The original ruling, sought by the country's eSafety commissioner following Kirk's death on 10 September at Utah Valley University, had classified videos of the incident as "refused classification". This allowed the regulator to order social media companies to geo-block the content for Australian users.
X challenged the classification on two separate videos of the Kirk shooting, as well as a video of a separate attack on Iryna Zarutska in North Carolina in August. The company argued that the Kirk footage contained only brief violence with no visible weapon, was grainy, and the camera quickly moved away from the victim.
Platform Argued for Historical Significance
In its appeal, X contended that the video was not excessively detailed, gratuitous, or offensive. The platform's key argument was that the clip served as a neutral, objective record of what it called "a notorious public event of historical and political significance". To support its case, X drew a direct comparison to the famous Zapruder film of President John F. Kennedy's assassination.
The majority of the review board agreed. It found that, while the event was heinous, the specific video in question did not reach the threshold for refused classification. The board decided that a more detailed depiction with different editing could have warranted a ban, but this particular footage should instead be classified as R18+.
Diverging Views on Social Media's Role
A minority on the board dissented, arguing the video was shared on social media for purposes like entertainment or personal gain through likes and shares. They also rejected the JFK comparison, noting that the Zapruder film was released years after the event when emotions had subsided.
In a statement posted on X's global government affairs account, the platform welcomed the outcome, stating it fought the case to uphold free speech and access to information on matters of public significance.
R18+ Rating Imposes New Obligations on Platforms
A spokesperson for the eSafety commissioner said that while they welcomed the board's ruling, the new R18+ classification means social media platforms now have a legal duty to prevent under-18s in Australia from accessing the material.
The regulator also clarified its stance on other distressing content, such as footage from the recent Bondi Beach terror attack. It stated that while such images are deeply troubling, they have not met the high bar for refused classification. Instead, platforms have been advised to apply sensitive content warnings and blurring interstitials in line with their own policies.
