X has applied to appeal an Irish High Court judgment that dismissed its challenge to the State’s new Online Safety Code.
The case was heard earlier this year, when the company argued that the rules went beyond what is allowed under the Audiovisual Media Services Directive (AVMSD) and clashed with the EU’s Digital Services Act (DSA).
In its July ruling, the court found that the Code does not exceed the scope of the AVMSD and that the two regimes were intended to complement one another. It held that Ireland’s regulator had acted within its powers under the Online Safety and Media Regulation Act of 2022.
In a statement today, X warned the decision could have far-reaching consequences across Europe.
“Since X is based in Ireland, this code applies across the entire EU,” the company wrote, noting that “platforms face quarterly compliance reports and steep fines for actions deemed to be slip-ups.”
“This ruling opens the door for national watchdogs to go even further,” the company continued.
“While pitched as child protection and harm reduction, the Online Safety Code threatens to splinter Europe’s digital single market by opening the door to a patchwork of conflicting local laws.”
The company claimed the rules would undermine fundamental rights.
“It risks curbing freedom of speech in ways that clash with the European Convention on Human Rights,” X continued.
“Free expression is non-negotiable, and we’ll keep fighting for a unified, open internet where voices aren’t silenced by fragmented overregulation.”
The company also argued that the Code gives regulators “sweeping powers to police ‘harmful’ content” in a manner that goes beyond EU requirements.
“X isn’t backing down,” the company insisted.
The High Court judgment was welcomed by Coimisiún na Meán, Ireland’s media regulator, which introduced the Online Safety Code last year under the Online Safety and Media Regulation Act of 2022.
The code, which applies to video-sharing platforms like X across the EU, introduced general obligations in November before expanding to include tougher requirements such as age verification. Platforms are required to file quarterly compliance reports and face financial penalties for breaches.
The EU’s Digital Services Act came into effect across member states in February, setting out a harmonised framework of responsibilities for large online platforms, which proponents argue is necessary to prevent online harms such as hate speech and disinformation. Critics argue that these measures simply serve to curtail freedom of expression.
Ireland’s regulation of this space is particularly significant due to the presence of many multinational tech companies in Dublin, meaning any regulation of their activities will have broader impacts online far beyond Irish borders.