Social media giant X, formerly Twitter, has lodged judicial review proceedings in the High Court against Ireland’s media regulator over its new online safety code.
In October, State media regulator Coimisiún na Meán published its finalised online safety code, bringing in new rules for video-sharing platform services, many of which are household names and services used daily. The Code requires these platforms to restrict certain categories of video and associated content, so that users cannot upload or share the most harmful types.
The code was developed in the wake of the Online Safety and Media Regulation Act (2022) being enacted, and gives effect to obligations on the State set out in the European Commission’s Audiovisual Media Services Directive (AVMSD).
The online safety code obligates video-sharing platforms under the jurisdiction of the State “to protect people, especially children, from harmful video and associated content” or face fines of up to €20 million or 10% of the platform’s annual turnover, whichever is greater. The companies who will be obliged to comply with the code or face hefty fines include Facebook, Instagram, YouTube, TikTok, LinkedIn, X, Pinterest, Tumblr and Reddit.
The adoption of the new Online Safety Code would bring an end to the era of social media self-regulation, Coimisiún na Meán said last month.
Twitter International Unlimited Company brought the case against Coimisiún na Meán, judicial review papers filed on Friday show. It is understood that X, owned by free speech advocate and tech billionaire, Elon Musk, had 28 days after the publication of the code to take a court case to challenge aspects of it, with the deadline set to expire on Tuesday.
Coimisiún na Meán had vowed the code could hold social media multinationals to account for content inciting hatred, self-harm, and cyberbullying, however it faced scepticism from some. Lobby groups for social media giants including X and TikTok claimed the provisions in the code were “overly prescriptive” and “overreaching”.
Taoiseach Simon Harris was among those who welcomed the development, stating: “The Online Safety Code sends a strong message to social media platforms that they will be held accountable for how they protect those who use their sites from harmful video content.” Media Minister echoed that backing, stating that the adoption of the code marked a “major step forward in online safety”.
In August, X raised concern about the code, writing: “[Twitter] reserves its right to challenge the lawfulness of the Code.”
But in a submission to the commission in August, Twitter International Unlimited Company said it strongly supported “the co-regulatory approach encouraged by the AVMSD, to achieve protection of all users, including children and young people, from harmful online content. However, we view that it is important that Ireland’s transposition of the AVMSD does not impose obligations which go beyond what is required by the AVMSD and which potentially conflict with the Digital Services Act.”
“Twitter International Unlimited Company reserves its right to challenge the lawfulness of the code. We reserve our position and all rights at this time, regarding Coimisiún na Meán’s legislative and procedural approach, including in relation to further guidance being issued,” it said.
An Coimisiún said last month it would adopt a supervisory approach to enforcing the code, ensuring that platforms implement systems to comply with the provisions of the code.
“The Code applies to video-sharing platform services, many of which are household names and services we use every day. It requires these platforms to restrict certain categories of video and associated content, so that users cannot upload or share the most harmful types,” the code states.
“The restricted categories include cyberbullying, promotion of eating and feeding disorders, promotion of self-harm and suicide, dangerous challenges, and incitement to hatred or violence on a range of grounds including gender, political affiliation, disability, ethnic minority membership, religion and race. Restrictions also include criminal content such as child sex abuse material, terrorism, racism and xenophobia.”
No hearing date has been set.