X permitted to appeal High Court’s dismissal of Coimisiún na Meán safety code challenge

Ann O'Loughlin

The High Court will permit Elon Musk’s X to appeal a judgment dismissing a legal challenge brought by the platform against Coimisiún na Meán’s Online Safety Code.

In a judgment published this week, Mr Justice Conleth Bradley said X raised points of law of public interest in its bid to appeal the judge’s dismissal of its case. In the circumstances, Mr Justice Bradley granted X’s permission to go to the Court of Appeal with their arguments.

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.

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.

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 issued last July, Mr Justice Conleth Bradley 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.

In this week’s judgment, Mr Justice Bradley 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 Audiovisual Media Service Directive (AVMSD), which underpins the Online Safety Code.