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X appealed a judgment that was originally handed down last July Alamy Stock Photo

X granted permission to bring Court of Appeal case against Ireland's Online Safety Code

A judge said this morning that X had raised legal issues “of exceptional public importance”.

SOCIAL MEDIA PLATFORM X has been granted permission to appeal a High Court judgment that rejected its challenge to Ireland’s Online Safety Code.

Judge Conor Bradley this morning ruled that X had raised legal issues “of exceptional public importance” with the original judgment, which was delivered last year.

X had taken against Coimisiún na Meán, the Irish media regulator, whom it accused of “overreach” by requiring social media platforms to sign up to the code.

The code creates a list of binding rules for video-sharing platforms with headquarters based in Ireland, and was introduced following the enactment of the Digital Services Act in 2023.

X had argued in its original case that one section of the Online Safety Code went further than required in transposing the EU Audiovisual Media Services Directive (AVMSD).

In seeking its appeal of the High Court judgment, the company asked whether Coimisiún na Meán was permitted to ask platforms to prevent users from uploading or sharing “restricted video content”, rather than simply imposing measures that could restrict access to such content.

No date has yet been given for when the appeal will be heard.

X has taken a number of cases against the commission in the past year, and in December was given permission by the High Court to challenge an investigation into whether it contravened the Digital Services Act regarding its complaints procedures.

The platform has also been mired in controversy in recent weeks over its AI tool Grok, which has been used to generate non-consensual images depicting real people, including women and children.

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