Coimisiún na Meána's safety code confronted in High Court by X and resulting in X's defeat
Social Media Giant X (Formerly Twitter) Loses High Court Challenge Against Ireland's Online Safety Code
In a significant ruling, the High Court of Ireland has dismissed a legal challenge brought by X International Unlimited Company, the operator of the social media platform X (previously Twitter), against Coimisiún na Meán, the country's broadcasting and online media regulator. The challenge was over the enforcement of Ireland's Online Safety Code, a comprehensive set of rules aimed at protecting the public, particularly children, from harmful online content.
The Online Safety Code, which came into effect earlier this month, applies specifically to video-sharing platforms. It requires these platforms to implement robust age verification systems that go beyond simple self-declaration to prevent children from accessing harmful or adult content. The Code mandates the use of effective age assurance methods such as facial recognition, ID uploads, or cognitive tests, while respecting user privacy and minimizing data retention.
X argued that parts of the code strayed into the regulation of matters within the scope of the Digital Services Act (DSA), an EU regulation that also sets out rules for online content. However, the judge found that the code was not in conflict with the DSA. In fact, the judge noted that the Audiovisual Media Service Directive (AVMSD), which underpins the code, complements the DSA in providing specific rules for determining what content can be harmful to minors.
The judge also found that Coimisiún na Meán did not go beyond what is permitted by the AVMSD in adopting the sections of the online safety code in question. This ruling potentially paves the way for the continued enforcement of the Code, which imposes significant fines for non-compliance—up to €20 million or 10% of annual turnover.
The judge's decision, made on Tuesday, did not directly address X's arguments regarding the code being out of step with European legislation. The court refused the reliefs sought by X, dismissing several arguments made by the platform in the proceedings, including that the code was out of step with European legislation.
This ruling marks a significant victory for Coimisiún na Meán and a step forward in the protection of children online in Ireland. The formalization of the judgment will take place later in the week. It is important to note that this case continues to be a subject of potential further legal challenges.
In summary, the Online Safety Code, enforced by Coimisiún na Meán, complements the DSA by adding specific, enforceable rules on age verification and harmful content on video-sharing platforms. It establishes a national system focused on protecting children online with rigorous mechanisms and penalties, while the DSA provides the overarching EU framework for digital service providers.
References:
- Ireland's Online Safety Code
- Coimisiún na Meán
- Digital Services Act
- AVMSD
- This ruling in the Irish High Court highlights the intersection of technology, policy-and-legislation, and politics, as the court dismissed a challenge by X International Unlimited Company against the enforceability of Ireland's Online Safety Code.
- The Online Safety Code, a significant piece of general-news, emphasizes the regulatory role of Coimisiún na Meán in upholding and ensuring video-sharing platforms adhere to specific rules aimed at protecting minors from harmful content, exemplifying the application of technology within the broader context of policy-and-legislation.
