Ireland: High Court of Ireland granted X certificate to appeal in lawsuit challenging Media Commission jurisdiction ([2026] IEHC 28)

On 20 January 2026, the High Court of Ireland granted a certificate to appeal in the lawsuit X Internet Unlimited Company v Media Commission ([2026] IEHC 28) under Section 38(6) of the Broadcasting Act 2009, holding that the case raised points of law of exceptional public importance and that it was desirable in the public interest for an appeal to be taken to the Court of Appeal. The certified points concerned whether sections 12.1, 12.6 to 12.9, and 13.6 to 13.9 of the Online Safety Code were intra vires Article 28b of the Audiovisual Media Services Directive and whether those provisions are compatible with the Digital Services Act. The appeal followed a principal judgment of 29 July 2025 in which the High Court upheld the Media Commission’s authority under Section 139K of the Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act 2022. Those proceedings originated in a judicial review application filed on 19 December 2024 by X, which challenged the adoption of the contested provisions on the grounds that they exceeded the scope of Article 28b and encroached upon areas fully harmonised by the Digital Services Act.