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In a notable legal reversal, a national review panel has overturned a earlier ruling that prevented viewers in Australia from accessing video footage of the violent event involving conservative commentator Charlie Kirk. This challenge was lodged by Elon Musk's social media platform, arguing against an directive issued at the request of the national eSafety commissioner.

Details of the Original Ban

After the death of Charlie Kirk at a US campus in last year, the eSafety commissioner petitioned the classification board to officially classify the circulating video. The board initially ruled the content was "refused classification", a rating that empowered the commissioner to instruct social media companies to restrict access to the videos for an Australian audience.

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

Arguments Presented and Final Ruling

Arguing its case, X contended that the Kirk video contained only a short moment of violence with the weapon not shown. It was argued the footage was grainy and the focus shifted rapidly from the victim to the bystanders.

X maintained the footage was not excessively detailed, gratuitous, or offensive, stating it served as a factual documentation of "a significant incident of historical and political significance that generated extensive public discourse". X even compared the video and the well-known recording of President John F. Kennedy's assassination.

Most members of the review board ultimately agreed that, "despite the terrible nature of the event," the video did not reach a level that was gratuitous, exploitative or offensive enough to warrant a 'refused classification' rating. The board suggested that a more detailed depiction with alternative commentary might have resulted in a different ruling. As a result, the board changed the rating of the videos to R18+.

The Minority Viewpoint

Some on the board held a contrary view, arguing the video was "content designed for sharing for the likely purposes of amusement and/or benefit (such as engagement metrics)". They also argued the parallel with the JFK assassination tape was flawed, as that footage was made public years after the assassination, "once emotions regarding it had calmed".

Reactions to the Outcome

In a statement on its global government affairs account, the platform expressed approval of the decision.

"X fought this case to defend free speech and the critical nature of public access about issues of public interest. Our commitment remains committed to safeguarding these fundamental values."

A spokesperson for the eSafety commissioner acknowledged the board's decision, but noted that the revised classification now implies platforms "must take steps to prevent R18+ material is not accessible to Australians who are minors".

Broader Context on Sensitive Footage

In related news, the eSafety commissioner has not issued take-down orders to social media companies this week regarding disturbing videos from the recent Bondi beach terror attack circulating on social media. The regulator stated that while the content were upsetting, they did not reach the required standard for a "total ban" rating.

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