Latest news with #CoimisiúnnaMeán
Irish Independent
8 hours ago
- Business
- 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.
Euractiv
18 hours ago
- Business
- Euractiv
Top Irish court says porn age checks on X don't breach EU digital rules
The Irish High Court today dismissed an appeal by Elon Musk's platform X, which argued that the Irish Online Safety Code should not apply to it, claiming the Code conflicted with the EU's Digital Services Act (DSA). X challenged the Irish regulator Coimisiún na Meán's Online Safety Code – parts of which came into effect last week – which urges video-sharing platforms such as X to implement age checks to restrict children's access to pornographic and violent content. The company argued that the Irish Code was incompatible with obligations under the EU's Digital Services Act (DSA) and the Audiovisual Media Services Directive (AVMSD). However, the Irish High Court announced today that it has rejected X's appeal, according to the judgment seen by Euractiv. In the ruling, Mr Justice Bradley stated that the Irish Code's provisions on protecting minors online – such as requiring age checks – 'are within the vires of the AVMSD... and are entirely complementary to the DSA and not in conflict with it.' Separately, X updated its help centre page, announcing it would introduce age verification measures on its platform to comply with both the Irish Code and the EU's DSA. Responding to the judgment, Coimisiún na Meán said: 'We welcome the Court's judgment and will study it in full before commenting further.' (aw)
Irish Times
19 hours ago
- Business
- Irish Times
Ireland's online safety code can continue but further legal challenges likely over regulation
The High Court's rejection of a challenge by tech company X against Ireland's online safety code will come as a relief to the Government and the regulator Coimisiún na Meán . The code is viewed in Government as crucial in protecting children from dangers in the digital world. But regulation of the tech industry, particularly from Europe, is facing strong opposition in Washington where some politicians argue it could curtail the free speech of Americans. And while Elon Musk's X did not succeed on Tuesday, experts believe it is inevitable there will be more litigation in the future over online regulation. READ MORE The online safety code was introduced last year with the then Minister for Media Catherine Martin arguing that it represented 'a big step forward in online safety' that would 'make all of us, but particularly our children, safer online'. Last September then Taoiseach Simon Harris told the tech industry that the world of self-regulation was changing. But in the intervening period, there has been strong pushback from some quarters internationally about the regulation of the tech sector. In a Washington controlled by Donald Trump such regulation in some cases is characterised as censorship. [ What are the new online safety regulations that Big Tech is unhappy about – and will they work? Opens in new window ] Ireland's online safety code brought the State in line with the EU's Audiovisual Media Services Directive. Photograph: Getty Images In June US secretary of state Marco Rubio warned of visa bans on foreign nationals deemed to be censoring Americans. He suggested the new policy could target officials regulating US tech companies. Last week the US House of Representatives judiciary committee issued an interim report that saw the EU's Digital Services Act (DSA) as a 'foreign censorship threat'. 'European regulators define political speech, humour, and other First Amendment-protected content as disinformation and hate speech, and then require platforms to change their global content moderation policies to censor it.' Ireland's online safety code brought the State in line with the EU's Audiovisual Media Services Directive (AVMSD). Ms Martin said new rules would introduce 'real accountability' for online video-sharing platforms and require them 'to take action to protect those that use their platforms, including by having robust complaints-handling procedures and introducing effective age-verification'. The code meant platforms such as Facebook, Instagram, YouTube, TikTok, LinkedIn, X, would be obliged to comply or face fines of up to €20 million, or 10 per cent of annual turnover, whichever was greater. However, X, in its legal challenge, contended the code impermissibly went further than the AVMSD. It said it covered areas within the scope of another set of rules – the EU's DSA, which aims to prevent illegal and harmful activities online and the spread of disinformation. Coimisiún na Meán welcomed the ruling and said it would study it in detail before making further comment. Dr TJ McIntyre, associate professor in the Sutherland School of Law at UCD , said the High Court ruling was important in the narrow sense that provisions of the code related to age assurance obligations could continue for the time being. He said there has now been two separate court cases but there was likely to more litigation in the future over online regulation.
Irish Times
20 hours ago
- Business
- Irish Times
X loses High Court challenge brought against Coimisiún na Meán safety code
Social media giant X has lost a High Court challenge brought 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. 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. It also sought the court to overturn the commission's decision to apply the code to its platform. READ MORE In a judgment, Mr Justice Conleth Bradley on Tuesday said 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 the code did not go beyond what is permitted by the Audiovisual Media Service Directive (AVMSD), a European Union directive that underpins the code. He said the code was not in conflict with the Digital Services Act, an EU 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 complements the Digitial Services Act in 'providing specific rules in determining what content can be harmful to minors', the judge said. 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 saidthe 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. Further to this, X argued the code was in conflict with the provisions of the 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.
RTÉ News
21 hours ago
- Business
- RTÉ News
X loses High Court challenge against Online Safety Code
X, the platform formerly known as Twitter, has lost a High Court challenge against Coimisiún na Meán's Online Safety Code. The company had accused the Irish media regulator of "regulatory overreach" by imposing the rules, which require video-sharing platforms to protect users from harmful content. In a judgement today, Mr Justice Conleth Bradley said he did not agree that X was entitled to reliefs sought by way of judicial review. X had argued that the provisions of Part B of the Online Safety Code go further than what was required in transposing the EU Audiovisual Media Services Directive (AVMSD). Mr Justice Bradley found that the provisions of the code are within the authority of the AVMSD and the 2009 Act, and are entirely complementary to the EU's Digital Services Act and not in conflict with it. A spokesperson for Coimisiún na Meán said it welcomed the court's judgment and will study it in full before commenting further. In recent days, X introduced new age assurance measures in a bid to comply with the Irish Online Safety Code, as well as UK and EU regulations. Under provisions of the code that came into force on 21 July, video-sharing platforms that allow pornography must have effective age assurance measures. Last week, Coimisiún na Meán said it had not seen evidence of measures taken by X to comply with the code. It contacted the platform and asked for an explanation by last Friday. Coimisiún na Meán received a reply from X on Friday outlining the new measures which the regulator is now studying. In an online help centre post, X said it will take a multi-step approach to verification. This will include age assurance using existing signals, as well as age estimates using email addresses and social connections. X said it is also planning user-involved verification options which will include facial recognition and uploading IDs.
