Ireland: X Internet Unlimited Company filed judicial review against Media Commission over Online Safety Code obligations

On 19 December 2024, X Internet Unlimited Company filed a judicial review application before the High Court of Ireland, challenging the decision of the Media Commission to adopt specific provisions of an Online Safety Code under section 139K of the Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act 2022. The application contested the validity of measures contained in sections 12.1, 12.6 to 12.9, and 13.6 to 13.9 of the Code, arguing that these provisions exceeded the transposition requirements of Article 28b of the Audiovisual Media Services Directive (AVMSD) and unlawfully encroached upon areas fully harmonised by the Digital Services Act (DSA). The applicant claimed that the Code imposed content control obligations beyond access control measures envisaged under the AVMSD and that the Commission lacked the legal authority to regulate in domains exclusively governed by the DSA.