High Court allows X to appeal in Online Safety Code case

In a judgment published this week, Mr Justice Conleth Bradley said X had raised legal points of public interest in its application for an appeal. In the circumstance, he granted X permission to go to the Court of Appeal with its arguments.

Coimisiún na Meán’s code, which was adopted last October and came into effect earlier this month, sets out legally binding rules for video-sharing platforms. It is aimed at protecting the public, and especially children, from harmful online content.

X International Unlimited Company, which operates the platform formerly known as Twitter, had alleged that the media regulator engaged in “regulatory overreach” in its approach to restrictions on certain video content.

The social media giant had sought a High Court order compelling the commission to quash its decision to adopt certain sections of the code. It also asked the court to overturn the commission’s decision to apply the code to its platform.

In a judgment issued last July, Mr Justice Bradley had refused reliefs sought by X, dismissing several arguments it made in the proceedings, including that the code was out of step with European legislation.

In this week’s judgment, the judge said X raised legitimate questions arising from his judgment, including relating to the interaction between the Digital Services Act, EU legislation that sets out rules for online content, and the Audiovisual Media Service Directive (AVMSD), which underpins the Online Safety Code.

Coimisiún na Meán is facing about a dozen judicial reviews from social-media platforms that it regulates. The latest, two cases filed by X, were launched last week. This brings to seven the number that have been taken by Mr Musk’s companies against the Irish media regulator.

Last month Bytedance, the owner of TikTok, became the latest Big Tech company to take legal proceedings. The Chinese tech company is being represented by A&L Goodbody,