Elon Musk's X loses high court challenge over online safety rules
The court's decision marks a significant victory for the regulator and signals a strong mandate for tighter content controls on major tech platforms operating in Ireland and across the European Union.
The challenge was brought by X International Unlimited Company, which operates the platform in Ireland.
The company had sought to overturn the regulator's decision to adopt parts of the Online Safety Code, claiming the new rules represented 'regulatory overreach' and conflicted with European law.
Specifically, X objected to provisions in the code that require video-sharing platforms to restrict or remove content deemed harmful to children, including material that promotes eating disorders, self-harm or bullying.
In a ruling delivered on Tuesday, Justice Conleth Bradley dismissed the company's arguments, stating the code was in line with both the Audiovisual Media Services Directive (AVMSD) and the Digital Services Act (DSA), two major pieces of EU legislation governing online content.
The judge rejected the claim that the Irish code imposed broader restrictions than permitted under EU law and affirmed that the AVMSD and DSA work 'in a complementary manner.'
X had argued that the definition of 'restricted content' in the code was too vague and that it blurred the line between illegal content and so-called 'legal but harmful' material.
The company also claimed that Coimisiún na Meán lacked the authority to impose certain requirements and that some provisions should be struck down.
However, the court found that the regulator acted within its powers and that the rules were proportionate to the goal of protecting children online.
The ruling follows ongoing tensions between X and the Irish regulator.
Just last week, Coimisiún na Meán wrote to the company expressing concerns that it had not implemented adequate age-verification measures to prevent minors from accessing pornography.
X responded by stating it had adopted such measures in Ireland, and the regulator is now reviewing whether these are sufficient to meet the code's standards.
X's court loss comes as new online safety laws take hold in other jurisdictions, including Britain.
Elon Musk has publicly criticised these laws, describing them as attempts to suppress free speech.
Meanwhile, the introduction of age checks and content controls has prompted a spike in the use of virtual private networks (VPNs), with two VPN providers currently among the top five most downloaded utility apps in Ireland's Apple App Store.
The High Court judgement will be formalised later this week, and the judge indicated he was inclined to order X to pay the commission's legal costs.
It remains unclear whether X will appeal the decision.
See More: Elon Musk, High Court Dublin, Online Safety Code, Twitter, X
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