By Ruth Mercer
The High Court has allowed X Internet Unlimited Company, formerly known as Twitter, to appeal a judgment upholding key provisions of Ireland’s Online Safety Code.
Mr Justice Conleth Bradley ruled on 20 January 2026 that the case raised points of law of exceptional public importance and that an appeal to the Court of Appeal was desirable in the public interest.
The underlying dispute concerns sections of the Code adopted by Coimisiún na Meán for video-sharing platform services. X had challenged provisions requiring platforms to include restrictions in their terms and conditions concerning specified harmful content, together with related suspension measures.
In the principal judgment, delivered in 2025, the High Court rejected X’s challenge. It held that sections 12.1, 12.6 to 12.9 and 13.6 to 13.9 of the Code were within the powers conferred by the Audiovisual Media Services Directive and the Broadcasting Act 2009, and did not improperly conflict with the EU Digital Services Act.
The January ruling does not reverse that decision. Instead, it permits X to challenge it before the Court of Appeal on six certified legal questions.
Those questions centre on whether the Digital Services Act allows Coimisiún na Meán to require video-sharing platforms to prohibit users from uploading or sharing certain restricted content in their terms and conditions, rather than relying only on access-control measures. They also address whether the Commission could rely on alternative powers under Article 28b(6) of the Audiovisual Media Services Directive and whether the rules can apply where the relevant risk may concern either a child or an adult.
The Court of Appeal’s jurisdiction will be confined to the points certified by the High Court. The original ruling upholding the Code remains the existing decision unless altered on appeal.