X Corp is pursuing Ireland’s media regulation commission, Coimisiún na Meán, through the courts in a row over online censorship.
This follows the publication last year of the media regulator’s online safety code which X says infringes on the freedom of expression of its users as part of the commission’s online safety code.
X’s legal team challenged aspects of the code which it says would force it to ban videos which the regulator says may “bully or humiliate” adult individuals as well as suspend users who do so.
Coimisiún na Meán previously said that the adoption of the code would bring an end to the era of social media self-regulation.
The online safety code was developed in the wake of the Online Safety and Media Regulation Act (2022) being enacted, and was intended to give 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.
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 have claimed the provisions in the code were “overly prescriptive” and “overreaching”.
X argues that, in drafting the code to implement the AVMSD, Coimisiún na Meán has exceeded its authority, infringing on the Digital Services Act (DSA). Unlike the DSA, which grants platforms discretion in content moderation, the code imposes prescriptive requirements, including mandating the removal of bullying or humiliating content unless platforms can prove it does not harm users with evidence. X contends this creates an effective ban, as platforms typically lack access to such evidence. X clarifies that the AVMSD only requires restricting access to harmful content, not removing it. For example, adult content must be restricted from minors, which the code does by requiring platforms with adult content to have age assurance measures in place. X contrasts the AVMSD’s access restrictions concerning harmful content, with the DSA’s requirement to remove content deemed illegal by platforms.
X also argues that requirements in the code to suspend user accounts for posting content prohibited by it are incompatible with requirements in the DSA to suspend users where they post manifestly illegal content.
Coimisiún na Meán argues that there is no overreach and that they have faithfully drafted the code within the requirements of the AVMSD. They explained that any inconsistencies between the code and the DSA, such as in relation to user account suspensions, can be explained by narrowly interpreting the DSA.
Last year then 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.”
But in a submission to the commission in August 2024, 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.
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