Tech company X is challenging in the High Court the State’s new online safety rules put in place for video-sharing platforms.
On Friday Twitter International Unlimited Company initiated judicial review proceedings against media regulator Coimisiún na Meán. Twitter is the former name of the social media platform X which was renamed in July 2023 following its acquisition by Elon Musk.
The new online safety code was launched by Coimisiún na Meán on October 21st with Government backing.
The code is a legally binding set of rules regulating content on video-sharing platforms with their EU headquarters in Ireland, to protect users from harmful content.
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Companies such as Facebook, Instagram, YouTube, TikTok, LinkedIn, X, Pinterest, Tumblr and Reddit will be obliged to comply with the new code or face fines of up to €20 million, or 10 per cent of a platform’s annual turnover, whichever is greater.
Under legislation, there is a 28-day window for those who believe they are affected by decisions of the commission to seek judicial review in the courts.
The online safety code was developed following the enactment of the Online Safety and Media Regulation Act 2022. The code gives effect to certain obligations on the State outlined in the European Commission’s Audiovisual Media Services Directive (AVMSD).
The details of the case being taken to the High Court by Twitter International Unlimited Company are not yet known.
But in a submission to the commission on August 12th, 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.”
It argued there were opportunities to address these issues without undermining the policy intent and effectiveness of the code.
“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.”
Under the new code content constituting cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders, incitement to hatred or violence, terrorism, child sex-abuse material, racism and xenophobia is prohibited.
The code also compels platforms to enact age assurance controls where appropriate — including the prevention of children encountering pornography or gratuitous violence.
Minister for Media Catherine Martin said that the adoption of the code is a “major step forward in online safety”.
The commission said it did not comment on matters before the courts.
A spokesman for Ms Martin said the Department of Media was aware of the case.
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