US blogging site Tumblr has told the High Court it is challenging a decision to include it in a list of 10 “video-sharing platforms” to be regulated under a new online safety code.
It is the second American social media firm to issue judicial review proceedings against the Irish media regulator, Coimisiún na Meán. Chat forum host Reddit issued a similar case last week.
The regulator determined last month that 10 social sites will be subjected to the new safety code, which is yet to be finalised, that aims to make sites responsible for safe online activity from next month.
The draft code allows the commission to impose fines of up to €20 million on platforms that violate child safety.
On Wednesday, Emily Egan McGrath SC, instructed by Mason Hayes & Curran, asked the High Court to formally record that her client’s case has been brought within the statutory time limit for appealing the commission’s December 28th decision. She said Tumblr was informed about the update the next day.
Ms Justice Niamh Hyland said she would “stop time” from running against the plaintiff and adjourned the case to February 26th.
The commission was not represented in court for the brief application.
In a statement, a Tumblr spokeswoman said the organisation has initiated the action as it does not consider itself a video platform.
“Users come to us for lots of great content (memes! fandom!), but video is a very small part of Tumblr. We do not believe that we belong in the same category as video platforms like YouTube or TikTok. Our size, content, and the types of risks we guard against on our platforms are very different,” she said.
“We respect the important work of the commission and its role in online safety, but respectfully disagree that Tumblr is a video platform.”
A spokesman for Coimisiún na Meán said the organisation does not wish to comment on matters that are before the court.
The commission’s draft code of conduct requires platforms to use robust age verification technology to prevent children being exposed to inappropriate content, such as pornography. The service may have to seek passport or other official documentary proof of age, as well as live selfies for verification.
The draft proposes that platforms must give parents tools to ensure children do not encounter illegal or harmful content online.
They will have to stop the uploading of illegal content, such as incitement to hatred or violence.
A finalised code will be encompassed in Ireland’s overall online safety framework to make digital services legally accountable for keeping people safe online. It is based on the Online Safety and Media Regulation Act 2022, the EU Digital Services Act and the EU Terrorist Content Online Regulation.
The other designated platforms are: Facebook, Instagram, YouTube, Udemy, TikTok, LinkedIn, Pinterest, Reddit and X, formerly known as Twitter.
