Ireland's online safety code can continue but further legal challenges likely over regulation
High Court's
rejection of a challenge by
tech company X
against Ireland's online safety code will come as a relief to the Government and the regulator
Coimisiún na Meán
.
The code is viewed in
Government
as crucial in protecting children from dangers in the digital world.
But regulation of the tech industry, particularly from Europe, is facing strong opposition in Washington where some politicians argue it could curtail the free speech of Americans.
And while Elon Musk's X did not succeed on Tuesday, experts believe it is inevitable there will be more litigation in the future over online regulation.
READ MORE
The online safety code was introduced last year with the then Minister for Media
Catherine Martin
arguing that it represented 'a big step forward in online safety' that would 'make all of us, but particularly our children, safer online'.
Last September then Taoiseach
Simon Harris
told the tech industry that the world of self-regulation was changing.
But in the intervening period, there has been strong pushback from some quarters internationally about the regulation of the tech sector.
In a Washington controlled by Donald Trump such regulation in some cases is characterised as censorship.
[
What are the new online safety regulations that Big Tech is unhappy about – and will they work?
Opens in new window
]
Ireland's online safety code brought the State in line with the EU's Audiovisual Media Services Directive. Photograph: Getty Images
In June US secretary of state
Marco Rubio
warned of visa bans on foreign nationals deemed to be censoring Americans.
He suggested the new policy could target officials regulating US tech companies.
Last week the US House of Representatives judiciary committee issued an interim report that saw the EU's Digital Services Act (DSA) as a 'foreign censorship threat'.
'European regulators define political speech, humour, and other First Amendment-protected content as disinformation and hate speech, and then require platforms to change their global content moderation policies to censor it.'
Ireland's online safety code brought the State in line with the EU's Audiovisual Media Services Directive (AVMSD).
Ms Martin said new rules would introduce 'real accountability' for online video-sharing platforms and require them 'to take action to protect those that use their platforms, including by having robust complaints-handling procedures and introducing effective age-verification'.
The code meant platforms such as Facebook, Instagram, YouTube, TikTok, LinkedIn, X, would be obliged to comply or face fines of up to €20 million, or 10 per cent of annual turnover, whichever was greater.
However, X, in its legal challenge, contended the code impermissibly went further than the AVMSD. It said it covered areas within the scope of another set of rules – the EU's DSA, which aims to prevent illegal and harmful activities online and the spread of disinformation.
Coimisiún na Meán welcomed the ruling and said it would study it in detail before making further comment.
Dr TJ McIntyre, associate professor in the Sutherland School of Law at
UCD
, said the High Court ruling was important in the narrow sense that provisions of the code related to age assurance obligations could continue for the time being.
He said there has now been two separate court cases but there was likely to more litigation in the future over online regulation.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Examiner
an hour ago
- Irish Examiner
Irish whiskey producers urge action as 15% tariff set to hit exports to US
Whiskey producers have warned a 15% tariff on Irish produce entering the US will have a serious effect on an industry which is already under pressure. European wine and spirits are set to face a 15% US import tariff until a further deal is agreed in talks expected to continue into autumn. Industry leaders have called on the Government to press European negotiators to take urgent action towards zero for zero tariffs. Many in the sector had hoped spirits would be exempted from tariffs under the deal struck between the EU and the Trump administration. The US tariff on European spirits was 10% up until now and Brussels was seeking to reduce that to zero. Michael Scully, the founder of Clonakilty Distillery in West Cork, said the news of the increased tariffs is "very unwelcome" to the industry. "The 10% tariff was one thing, but 15% is gone too far," Mr Scully said. "Ultimately, any tariff will have to be passed on to the US consumer. It's a market that's soft at the moment so passing on costs will hit volume sales. That will be the case for all south of Ireland whiskeys." Clonakilty Distillery employs 32 people directly and around 50 downstream. "I would hope that jobs won't be affected, but 20% of our product goes to the US. So we will have to find other markets to make up for this." Clonakilty Distillery distributes to over a dozen countries including the UK, Canada, South Africa, Japan, France, South Korea, The Netherlands, Belgium, Germany, Poland, Switzerland, Italy and Austria. "We were holding out for zero for zero tariffs so a 15% deal would be very disappointing. Europe must do everything to get back to zero for zero. In its absence the Government should step in to support the sector to make up for this loss. The industry has huge potential." The whiskey and spirits sector has endured serious setbacks in recent months. Last week, the Killarney Brewery and Distillery, which produced a premium whiskey, entered liquidation. Meanwhile in June, a receiver was appointed for the maker of Fercullen whiskey, Powerscourt Distillery in Wicklow. The US is set to publish an executive order on Friday spelling out the details of their framework deal, and the EU and US are expected to issue a joint statement. A senior diplomat told Reuters that talks on wine and spirits tariffs would continue after the joint statement, and likely continue into autumn. Eoin Ó Catháin, the director of the Irish Whiskey Association said a return to the zero-for-zero remains a priority for the spirits sector in both the USA and the EU. "The Irish Whiskey Association notes media reports today which indicate that our products will face a 15% tariff when exporting to the USA from August 1st. We understand that negotiations will continue past this deadline, and a return to the zero-for-zero remains a priority for the spirits sector in both the USA and the EU. "The application of this tariff will increase costs for both exporters and consumers, and will have knock-on effects on the hospitality and tourism sectors in the USA. The zero-for-zero trade arrangement, which removed tariffs on our products in 1997, worked well for over three decades. It has never been more important to return to this as soon as possible." Opposition to the tariff is also strong Stateside. The US Distilled Spirits Council president and CEO Chris Swonger called for a quick deal to bring tariffs down to zero. "It is utterly exasperating that the US and EU have not yet come to an agreement on spirits, which is an easy win for the United States that will help secure our economic vitality during this challenging time for the hospitality industry," Mr Swonger said.
Irish Times
2 hours ago
- Irish Times
Irish whiskey exporters may be forced to look at other markets if 15% tariff rate applies
Some Irish whiskey exporters may be forced 'to reorientate their focus away' from the US if a 15 per cent tariff rate applies as part of the recently agreed EU-US trade deal, the head of the Irish Whiskey Association (IWA) has warned. 'With a higher tariff, the costs associated with exporting will increase and we could see price on shelf go up also,' IWA director Eoin Ó Catháin said. 'I don't think a 15 per cent tariff would exclude people from exporting per se, but it may see certain companies re-orient strategy towards other markets,' he said. Mr Ó Catháin was responding to reports that the EU had so far failed to secure a carve out for the sensitive wine and spirits sector. READ MORE '[It is] not our expectation that wine and spirits will be included in the first group [of exemptions to be] announced by the US tomorrow, therefore those products will be captured by the 15 per cent ceiling,' said Olof Gill, EU trade spokesperson, adding that negotiations continued. The statement comes as US trading partners are rushing to finalise tariff deals ahead of president Donald Trump's deadline of August 1st. Last weekend, the EU agreed a deal for tariffs of 15 per cent on most exports to the US. The European Commission also signalled on Thursday that a planned EU-US joint statement fleshing out their trade deal could be delayed, saying that 'more time is required' to finalise the text. EU officials had previously expected the joint statement to be issued on Friday. However, the commission said it still expects the US to implement the 15 per cent tariff rate and a number of agreed exemptions as of Friday, though it said this was dependent on Trump signing an executive order. 'The Irish Whiskey Association notes media reports today which indicate that our products will face a 15 per cent tariff when exporting to the USA from August 1st,' Mr Ó Catháin said. 'We understand that negotiations will continue past this deadline, and a return to the zero-for-zero remains a priority for the spirits sector in both the USA and the EU,' he said. 'The application of this tariff will increase costs for both exporters and consumers, and will have knock-on effects on the hospitality and tourism sectors in the USA,' he said. 'The zero-for-zero trade arrangement, which removed tariffs on our products in 1997, worked well for over three decades. It has never been more important to return to this as soon as possible,' he added. Meanwhile Trump said on Thursday he would delay the higher rate of reciprocal tariffs on Mexico by 90 days. Following a call with Mexican President Claudia Sheinbaum, he said he would extend 'the exact same Deal as we had for the last short period of time'. 'The complexities of a Deal with Mexico are somewhat different than other Nations because of both the problems, and assets, of the Border,' he wrote.– additional reporting by The Financial Times
Irish Examiner
2 hours ago
- Irish Examiner
Botox maker AbbVie raises profit forecast after strong sales of immunology drugs
AbbVie, the makers of Botox, raised its 2025 profit forecast on Thursday, after beating Wall Street estimates for second-quarter results on strong sales of its newer immunology drugs Skyrizi and Rinvoq. AbbVie's forecast raise comes on the back of the European Union's framework trade deal with the United States, under which all EU-produced pharmaceuticals entering the US will be subject to a 15% tariff. AbbVie has a significant presence in Ireland, in Dublin, Sligo, in Carrigtwohill in Co Cork, and in Westport in Mayo, where it makes its wrinkle treatment Botox. Shares of the drugmaker jumped nearly 6%. The company is pushing Skyrizi and Rinvoq to counter the drop in sales of arthritis treatment Humira, as the once-bestselling drug faces competition from several cheaper biosimilars that began hitting the US market in 2023. "We're entering the second half of the year with substantial momentum," said CEO Robert Michael. Skyrizi recorded quarterly sales of $4.42bn (€3.86bn), beating analysts' average estimate of $4bn, while Rinvoq sales of $2.03bn surpassed estimates of $1.97 billion, according to data compiled by LSEG. The Chicago drugmaker has spent more than $20bn (€17.4bn) on acquisitions since 2023 as Humira lost patent protection. On Wednesday, Bloomberg News reported that AbbVie is in talks to acquire privately held psychiatric disorder drug developer Gilgamesh Pharmaceuticals in a deal worth about $1bn (€870m). Global sales of Humira, once the world's best-selling drug, came in at $1.18bn (€1.03bn) in the second quarter, missing estimates of $1.45bn (€1.27bn). The company now expects adjusted annual profit per share between $11.88 and $12.08, compared with its previous expectations of $11.67 to $11.87. Cantor Fitzgerald analyst Carter Gould said AbbVie "delivered the stand-out print so far across large-cap biopharma." The company earned quarterly adjusted profit per share of $2.97, compared with estimates of $2.88. Established in 1977, AbbVie's Westport facility employs approximately 1,300 people. The campus has grown to almost 750,000 sq. ft. on a 61-acre campus, and it encompasses a pharmaceuticals facility, two biologics plants and an ocular implant facility that manufactures a range of leading eye care products. The company's plant in Carrigtwohill is a modern 'bulk tablet' facility manufacturing solid and capsule formulations. Reuters
