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In a notable regulatory appeal, a national review panel has reversed a earlier ruling that blocked viewers in Australia from seeing recorded content of the violent event involving influencer Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an order sought by the national eSafety commissioner.

Background on the Original Ban

After the death of Charlie Kirk at a US campus in last year, the eSafety commissioner petitioned the review board to officially classify the circulating video. The board first determined the content was "unable to be classified", a rating that allowed the regulator to instruct platforms to geo-block the posts for users in Australia.

The platform X filed an appeal for two separate videos related to the Kirk incident. It also appealed a similar ruling on another piece of footage—depicting the assault of Iryna Zarutska on a train in Charlotte—which had likewise been deemed "unacceptable for distribution".

Arguments Presented and Board's Decision

Arguing its case, X contended that the footage in question contained only brief violence with no visible weapon. It was argued the footage was grainy and the camera quickly panned away from the individual to the surrounding crowd.

The social media giant maintained the footage was not excessively detailed, exploitative, or objectionable, adding that it served as a neutral objective record of "a significant incident of public importance that generated widespread discussion". X drew a parallel between the footage and the historic film of President John F. Kennedy's assassination.

The majority of the classification panel ultimately agreed that, "despite the terrible nature of the event," the content did not reach a level that was exploitative, gratuitous, or offensive enough to justify a complete ban. However, they noted that a longer or clearer version with different editing could have met that threshold. Consequently, the board revised the rating of the content to R18+.

A Dissenting Opinion

A minority on the board disagreed, 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 JFK assassination tape was flawed, as the Kennedy video was made public years after the assassination, "once emotions around the matter had subsided".

Response Following the Decision

Posting on its global government affairs account, the platform expressed approval of the decision.

"We challenged this decision to uphold freedom of expression and the critical nature of access to information about issues of public interest. Our commitment remains dedicated to protecting these fundamental values."

A spokesperson for the safety regulator also welcomed the board's decision, but noted that the revised classification now means platforms "have obligations to prevent R18+ material being displayed to Australians who are minors".

Recent Developments on Violent Content

In related news, the regulator has not issued take-down orders to social media companies this week regarding graphic footage from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the content were distressing, they had not met the high threshold for a "total ban" rating.

Instead, the companies have been instructed to use warning labels and screens, such as blurring, on this material in accordance with their own content policies.