Earlier this month, the media regulator Coimisiún na Meán named the ten video-sharing platforms that will be covered by its new Online Safety Code.
They are Facebook, Instagram, YouTube, Udemy, TikTok, LinkedIn, X, Pinterest, Tumblr and Reddit.
This week, one of the companies, Reddit, commenced legal action against Coimisiún na Meán, arguing that it should not be included on the list as it is not a video-sharing platform.
It is the first big legal test for a new regulator that is still finalising its online safety code.
Heavy fines for breaches
Once the new rules are established, they will be legally binding, and platforms will face fines of up to €20 million for breaches of the code.
Social media firms will have to protect children from specific types of harmful online material including cyberbullying, content that promotes eating disorders and content that promotes self-harm or suicide.
Platforms will also have to prevent the uploading or sharing of a range of illegal content, including incitement to hatred or violence.
On Monday, Reddit launched a High Court action against Coimisiún na Meán over the regulator’s decision to designate the service as a video-sharing platform.
Reddit is best known for its discussion groups that allow users to vote ‘up’ or ‘down’ on the content posted by other members.
“While Reddit encourages thoughtful regulation, we respectfully disagree with the Commission’s designation of Reddit as a video-sharing platform service,” a company spokesperson said.
“Reddit is a predominately text-based discussion platform, and we believe that links to videos uploaded to other platforms should not be within the scope of the EU legislation at issue, which is targeted at video-hosting platforms like YouTube and TikTok.
“We hope to get clarification from the court on questions of interpretation that we believe could have broadly sweeping implications for the internet,” the company said.
Asked for its response, Coimisiún na Meán said it did not want to comment on matters that are currently before the courts.
Internet law experts will be keeping a close eye on the case.
Regulator could have ‘a fight on its hands’ – barrister
Michael O’Doherty is a barrister specialising in technology, media and internet law.
He is also the Vice Chair of the Bar of Ireland’s Media, Internet and Data Protection Bar Association (MIDBA).
“Coimisiún na Meán could well have a fight on their hands here and it’ll be interesting to see how it develops,” Mr O’Doherty said.
He added: “Under the Online Safety and Media Regulation Act, the term ‘video-sharing platform’ has a specific meaning that the principle purpose of a service is to provide audio-visual material to inform, entertain or educate the general public.
“Reddit is contesting the fact that this is their principle service. They say they are a discussion platform of which links to videos are simply a part of it but their principle function is to foster discussion on any topic, and you can see their point.”
Mr O’Doherty believes Coimisiún na Meán could face further legal challenges in the future as its online safety rules are finalised.
He said: “Many of the principles under which the Online Safety and Media Regulation Act will operate have still to be decided.
“The Online Safety Code is still subject to public consultation. It’s still in draft form and therefore nobody knows what the final rules are going to be.
“People may be holding off on any challenge until they see what obligations they are working under.”
Mr O’Doherty said that one possible area of contention could arise if strict time limits are imposed on platforms to remove content.
He said: “In May 2020, the French government tried to introduce legislation, which compelled online platforms to take down hate speech within 24 hours and compelled them to take down terrorist and pornography materials within one hour.
“That was challenged by the platforms and that element of the act was described as unconstitutional, because it imposed such an obligation on the platforms to act so quickly, it affected their right to freedom of expression.”
Why is Snapchat not on the list?
While Reddit’s inclusion on the list of designated platforms has sparked a legal row, Snapchat’s omission from the list has caused concern in other quarters.
Snapchat is an incredibly popular app among young people, so surely it should be included on the list of platforms covered by new rules designed to protect children?
The answer is linked to geography.
Under the Online Safety Code, Coimisiún na Meán will be responsible for regulating video-sharing platforms that have their EU headquarters in Ireland.
Snapchat is not based here, hence it was not included on the list.
Internet safety campaigners have expressed concern and disappointment over this.
“It is a problem that we can’t work with Snapchat in that kind of regulatory way,” said Alex Cooney, CEO of CyberSafeKids.
“So it is very important that we have a good relationship with Ofcom, which is the UK regulator, because Snapchat has a base in London.
“It wasn’t unexpected that Snapchat would not be on Coimisiún na Meán’s list as they don’t have their European headquarters in Ireland, but I do hope there will be opportunities to establish a good productive working relationship with the company regardless,” Ms Cooney said.
Research from CyberSafeKids has highlighted just how popular Snapchat is among younger internet users.
“We’ve been surveying the types of services that children have been using for the last seven years and it has consistently been one of the most popular apps, particularly with underage users,” Ms Cooney said.
“Last year, just to put it into context, 37% of 8- to 12-year-olds had a Snapchat account. So it is a very popular app with Irish children, and its user base does tend to skew quite young,” she added.
Asked about regulating Snapchat, Coimisiún na Meán said it will be working closely with its regulatory counterparts in other EU member states to hold platforms to account for how they keep their users safe.
“Online services operate across national borders, so co-operation between regulators will be important to help drive the outcomes Coimisiún is looking for,” Coimisiún na Meán said in a statement.
A big month ahead
Next month is an important one for Coimisiún na Meán.
From 17 February, it will officially begin to discharge its functions under the EU’s new set of online safety rules known as the Digital Services Act (DSA).
The DSA requires big tech firms to do more to police illegal and harmful content on their platforms, including restricting the spread of disinformation, quickly removing illegal content and better protecting children using the internet.
Ireland will play a leading role in enforcing the DSA, because so many of the internet giants have their European headquarters here.
Coimisiún na Meán’s Online Safety Code will run alongside the DSA and form part of Ireland’s overall internet safety framework.
Members of the public have been asked for their views on the code and the deadline for responses has been extended to 31 January.
After the public consultation closes, the code will be finalised and Coimisiún na Meán will seek the approval of the European Commission for its implementation.
The final version of the new rules is eagerly awaited and will be closely monitored by all sides.
The platforms will no doubt object if they feel the code goes too far, while online safety campaigners will want to know if Ireland’s new internet watchdog has real teeth.
