Elon Musk’s social media platform, X, has filed a lawsuit against Ireland’s media regulator over the country’s new online censorship rules.
On November 15, Twitter International Unlimited Company launched a judicial review in the Irish High Court, challenging the online safety code imposed by Coimisiún na Meán, Ireland’s state media regulator. This code, which bans certain forms of audiovisual content deemed “hateful,” applies across the European Union.
Although the specifics of the case are not fully clear, X has previously expressed concern that the code, which aims to implement the European Commission’s Audiovisual Media Services Directive (AVMSD), could conflict with the European Union’s Digital Services Act, which regulates online content moderation. Unlike binding regulations, directives like the AVMSD require countries to pass national laws to adopt their rules.
In an August statement, X argued, “We view that it is important that Ireland’s transposition of the AVMSD does not impose obligations which go beyond what is required by the AVMSD and which potentially conflict with the Digital Services Act.” The company also reserved the right to challenge the lawfulness of the code, expressing concerns about its legislative approach.
Ireland’s Prime Minister has criticized Musk for “showboating” with his legal threats, but the stakes are high. Tech giants with EU headquarters in Ireland, like X, Meta, and Reddit, face fines of up to €20 million or 10% of their annual turnover if they don’t comply with Coimisiún na Meán’s censorship demands.
What’s especially controversial is that the censorship rules were devised by Coimisiún na Meán in-house, without a vote in Ireland’s parliament, though the government has expressed support for tougher speech controls. This has sparked anger among free speech advocates worldwide. Musk has already threatened legal action against a proposed Irish hate speech law, and this pressure led to the bill being revised, removing provisions related to speech offenses. However, the final version still includes protections for a broad range of gender identities, leading to a heated debate in the Irish parliament.
Senator Sharon Keogan, in particular, criticized the legislation by listing hundreds of gender identities to highlight the bill’s broad application. The bill aims to protect genders other than male or female, which some argue could expand the scope of legal protections to a virtually unlimited number of gender identities in Irish criminal law.
