X refused stay in Coimisiún na Meán High Court challenge

High Court Reporter

The High Court has refused Elon Musk’s X a stay on a Coimisiún na Meán investigation into complaints received by the media watchdog from users of the social media platform.

X Internet Unlimited Company is asking the High Court to quash the commission’s decision to pass information relating to the complaints, which relate to X’s own complaints system, to the watchdog’s internal “supervisory” team for possible future investigation.

The complaints received by the commission were made under provisions in the EU’s Digital Services Act.

In its judicial review proceedings, X claims the commission’s decision to refer the information to the supervisory team was unlawful.

The commission denies this, arguing that it is within its powers to refer the relevant information to the supervisory team.

As part of the legal challenge, X sought a stay on the commission using the relevant complaint information pending the determination of the proceedings.

In a judgment published on Thursday, Judge Cian Ferriter refused to grant X the stay it sought.

The judge said that in his view, lawyers for X overstated the extent to which the platform would be prejudiced in the event that a stay was not granted.

The judge further stated that X understated the public interest in the “orderly operation” of the complaints process provided for under the Digital Services Act and the Broadcasting Act 2009.

At the current juncture, the judge said the commission was entitled to an assumption that its decisions are valid.

X had outlined several grounds in its application for a stay, claiming that the continuation of the commission’s investigation would cause the platform serious and irreparable harm.

X argued that if the investigation reaches a conclusion prior to the legal proceedings being heard, the proceedings would be rendered moot, and would deprive it of an effective remedy.

X also submitted that allowing the investigation to continue would subject it to legal uncertainty, and cause it to incur irrecoverable costs.

X is presently engaged in several legal battles brought against the media regulator. In one case before the courts, the platform’s billionaire owner Musk is named personally as the plaintiff.