X wants to appeal High Court’s dismissal of Coimisiún na Meán case, court hears

High Court Reporters

Elon Musk’s X wants to appeal a High Court ruling dismissing its action against Ireland’s broadcasting and online media regulator, Coimisiún na Meán, over its online safety code.

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

Coimisiún na Meán’s online safety 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.

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 sought the court to overturn the commission’s decision to apply the code to its platform.

In a judgment, Mr Justice Conleth Bradley this week refused reliefs sought by X.

The judge dismissed several arguments made by the platform in the proceedings, including that the code was out of step with European legislation.

At the High Court on Thursday, senior counsel Declan McGrath, for X and appearing with barrister Emma Synnott, said he was instructed to seek permission to appeal the court’s judgment.

In some High Court cases, permission must be granted by the court to appeal a judgment.

Noting the judge’s provisional view that the costs of the High Court action be awarded to the commission, Mr McGrath said he would not be making any submissions on the matter.

Mr Justice Bradley set a date in October for the hearing of X’s application for permission to appeal.