The High Court has refused X Internet Unlimited Company’s judicial review challenge to parts of Coimisiún na Meán’s Online Safety Code, holding that the contested rules were within the Commission’s powers and did not conflict with the EU Digital Services Act (DSA).
Mr Justice Conleth Bradley delivered judgment on 29 July 2025. X challenged provisions requiring video-sharing platforms to include restrictions in their terms and conditions on uploading or sharing specified content, and to suspend users who frequently breach those terms. The challenge also concerned corresponding rules for audiovisual commercial communications.
X argued that the code went beyond what the Audiovisual Media Services Directive (AVMSD) allowed. It said protections for minors should use access controls, such as age checks or parental controls, rather than prohibitions on content, and that the DSA’s harmonised rules prevented national measures in this area. It also argued that the DSA addressed terms and conditions and account enforcement, creating a conflict with the code.
The Commission maintained that the AVMSD required appropriate protections for minors and the general public, including measures in platform terms and conditions. The judge found that the DSA and AVMSD operated in a complementary way. He held that the AVMSD permitted the Commission to require terms and conditions addressing the specified content and to provide for suspension following frequent breaches. The code’s suspension provisions require case-by-case assessment and regard for users’ rights; they apply only insofar as the consequences are not covered by specified DSA measures.
The ruling concerned the legal authority for the challenged provisions. It did not determine whether particular content or a user had breached the code. The court refused the relief sought by X and proposed an order to that effect.
On costs, the judge’s provisional view was that the Commission, having succeeded, would be entitled to recover measured legal costs, including any reserved costs, if agreed or assessed. He gave the parties directions to make written submissions if either sought a different costs order. The matter was listed for mention on 31 July 2025 for any ancillary issues.