Porn sites to be investigated for failing to comply with rules to protect children
The European Commission said the companies had not complied with the Digital Services Act, which requires them to do more to tackle illegal and harmful content on their platforms following their designation as very large online platforms in 2023.
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Irish Independent
30-07-2025
- Irish Independent
Social media giant X loses High Court challenge to online safety code
X International Unlimited Company, which operates X, 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, and is aimed at protecting the public – especially children – from harmful online content. The new Online Safety Code obliges video-sharing platforms to put measures in place to protect children from harmful content online, to have age-assurance measures where appropriate, to provide parental controls, and to have user-friendly reporting mechanisms. The commission has argued that, as Ireland's regulator for online safety, it developed rules and regulations rooted in Irish and EU legislation following extensive consultation. X, owned by Elon Musk, had sought a High Court order compelling the commission to quash its decision to adopt certain sections of the code. The company also sought the court to overturn the commission's decision to apply the code to its platform. It took particular issue with a section of the code that requires video-sharing platforms to preclude users from uploading or sharing video that the code defines as 'restricted' which can include content that bullies or humiliates a person, or promotes eating disorder behaviour, suicide or self-harm, or behaviour prejudicial to the safety of children. X said the definition was 'broadly framed' and that the EU's Audiovisual Media Services Directive draws a clear distinction between illegal content and 'legal but harmful' content. In a judgment, Mr Justice Conleth Bradley said on Tuesday he was refusing the 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. The judge found that the code did not go beyond what is permitted by the Audiovisual Media Service Directive (AVMSD), a European Union directive that underpins the code, and said that the code was not in conflict with the Digital Services Act, a European Union regulation that also sets out rules for online content. In the context of this case, the judge noted the Digital Services Act treats provisions in the AVMSD 'in a complementary manner'. The latter directive is not 'displaced or substantially curtailed' by the Digital Services Act, the judge said, as had been submitted by X. The AVMSD compliments the Digitial Services Act in 'providing specific rules in determining what content can be harmful to minor', the judge noted. X had submitted that in adopting the sections complained of in the safety code, Coimisiún na Meán went beyond what is permitted by the AVMSD, allowing for a total ban or prohibition of certain online content. X said that the directive only allows for measures to control access to certain online content. X also argued that parts of the code strayed into the regulation of matters within the scope of the Digital Services Act, a European Union regulation that also sets out rules for online content. Further to this, X argued that the code was in conflict with the provisions of the Digital Services Act. The judgment will be formalised later in the week. Mr Justice Bradley said he was minded to make an order for costs in favour of the commission, given it has been entirely successful in defending the action.
Irish Examiner
28-07-2025
- Irish Examiner
'High risk' of consumers finding illegal products on Temu, says European Commission
Temu is not doing enough to assess the risks of illegal products being sold online and could be in breach of a new digital services law, the European Commission said. The commission said on Monday that there was a "high risk" of consumers in the EU encountering illegal products on the e-commerce giant's platform. Specifically, analysis of a mystery shopping exercise conducted by the commission found that consumers shopping on Temu were very likely to find non-compliant products, including baby toys and small electronics. The statement is part of an investigation into the e-commerce giant under the commission's Digital Services Act (DSA), a new piece of legislation governing online content in the European Union. It forces companies that run online platforms such as e-commerce websites to assess how likely consumers are to be exposed to dangerous or illegal products, and work to lessen the risk. The commission said according to its analysis, a risk assessment carried out by Temu, which is owned by PDD Holdings, in October 2024 was "inaccurate" and "relying on general industry information rather than on specific details about its own marketplace". Henna Virkkunen, executive vice-president for 'tech sovereignty, security and democracy', said: "We shop online because we trust that products sold in our Single Market are safe and comply with our rules. "In our preliminary view, Temu is far from assessing risks for its users at the standards required by the Digital Services Act. "Consumers' safety online is not negotiable in the EU - our laws, including the Digital Services Act, are the foundation for a better protection online and a safer and fairer digital Single Market for all Europeans." The company could face a fine of up to 6% of its annual worldwide turnover if the commission ultimately decides its risk assessment does not meet the companies' obligations under the DSA. The commission said officials would also continue investigating the company over other suspected breaches of the DSA such as using addictive design features and a lack of transparency on its algorithms. The EU is trying to counter what it sees as a glut of cheap and potentially unsafe products from China flooding the single market. Officials also sent a formal warning to Shein in May, saying the company's sales tactics fell foul of EU consumer protection law. Shein said it was engaging with the Commission to address concerns.
Irish Independent
28-07-2025
- Irish Independent
Temu accused by EU regulators of failing to prevent sale of illegal products
The preliminary findings follow an investigation opened last year under the bloc's Digital Services Act (DSA). It is a wide-ranging rulebook that requires online platforms to do more to keep internet users safe, with the threat of hefty fines. The European Commission, the 27-nation bloc's executive branch, said its investigation found 'a high risk for consumers in the EU to encounter illegal products' on Temu's site. Investigators carried out a 'mystery shopping exercise' that found 'non-compliant' products on Temu, including baby toys and small electronics, it said. Temu said in a brief statement that it 'will continue to co-operate fully with the commission'. The commission did not specify why exactly the products were illegal, but noted that a surge in online sales in the bloc also came with a parallel rise in unsafe or counterfeit goods. EU regulators said when they opened the investigation that they would look into whether Temu was doing enough to crack down on 'rogue traders' selling 'non-compliant goods' amid concerns that they are able to swiftly reappear after being suspended. In its preliminary findings, the commission found that Temu could have had 'inadequate mitigation measures' because the company was using an 'inaccurate' risk assessment that relied on general industry information, rather than specifics about its own marketplace. 'We shop online because we trust that products sold in our single market are safe and comply with our rules,' Henna Virkkunen, the EU's executive vice-president for tech sovereignty, security and democracy, said in a news release. 'In our preliminary view, Temu is far from assessing risks for its users at the standards required by the Digital Services Act.' ADVERTISEMENT Temu has grown in popularity by offering cheap goods – from clothing to home products – shipped from sellers in China. The company, owned by Pinduoduo, a popular e-commerce site in China, has 92 million users in the EU. The company will have the chance to examine the commission's investigation files and respond to the accusations before the EU watchdogs make a final decision. Violations of the DSA could result in fines of up to 6% of a company's annual global revenue and an order to fix the problems.
