Reddit and Tumblr lose challenge to video-platform designation

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The High Court has dismissed separate challenges by Reddit and Tumblr against their designation as video-sharing platforms. The proceedings were reported on 20 June 2024.

The companies argued that An Coimisiún na Meán wrongly included them on its list of platforms to be regulated under a new online safety code. Ms Justice Siobhán Phelan rejected their arguments and refused to set aside the regulator’s decisions.

Reddit sought to quash its designation, which was made in December 2023. The judge rejected its arguments about Irish jurisdiction and the treatment of its native and linked videos, and dismissed its request to refer the matter to the EU Court of Justice.

Tumblr argued that video content was minor and ancillary to its activities and that the regulator had not properly considered data showing a low rate of video on the platform. The judge rejected its challenge, finding that the regulator had properly applied the relevant criteria and was entitled to conclude that video sharing was an essential function of Tumblr.