X loses High Court challenge brought against Coimisiún na Meán safety code

Irish Times

3 days ago

Social media giant X has lost a High Court challenge brought against Ireland's broadcasting and online media regulator, Coimisiún na Meán, over its online safety code.
X International Unlimited Company, which operates X, formerly known as Twitter, had alleged that the media regulator engaged in 'regulatory overreach' in its approach to restrictions on certain video content.
Coimisiún na Meán's online safety code, which was adopted last October and came into effect earlier this month, sets out legally binding rules for video-sharing platforms. It is aimed at protecting the public, and especially children, from harmful online content.
X, owned by Elon Musk, had sought a High Court order compelling the commission to quash its decision to adopt certain sections of the code. It also sought the court to overturn the commission's decision to apply the code to its platform.
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In a judgment, Mr Justice Conleth Bradley on Tuesday said he was refusing the reliefs sought by X. The judge dismissed several arguments made by the platform in the proceedings, including that the code was out of step with European legislation.
The judge found the code did not go beyond what is permitted by the Audiovisual Media Service Directive (AVMSD), a European Union directive that underpins the code. He said the code was not in conflict with the Digital Services Act, an EU regulation that also sets out rules for online content.
In the context of this case, the judge noted the Digital Services Act treats provisions in the AVMSD 'in a complementary manner'. The latter directive is not 'displaced or substantially curtailed' by the Digital Services Act, the judge said, as had been submitted by X.
The AVMSD complements the Digitial Services Act in 'providing specific rules in determining what content can be harmful to minors', the judge said.
X had submitted that in adopting the sections complained of in the safety code, Coimisiún na Meán went beyond what is permitted by the AVMSD, allowing for a total ban or prohibition of certain online content. X saidthe directive only allows for measures to control access to certain online content.
X also argued that parts of the code strayed into the regulation of matters within the scope of the Digital Services Act. Further to this, X argued the code was in conflict with the provisions of the act.
The judgment will be formalised later in the week. Mr Justice Bradley said he was minded to make an order for costs in favour of the commission, given it has been entirely successful in defending the action.