Tumblr becomes second social media firm to initiate judicial review against media regulator
Following Reddit, Tumblr has taken the case over its designation as a “video-sharing platform service” that will have strict obligations under Coimisíun Na Meán’s Online Safety Code
Social media company Tumblr has become the second firm to initiate Judicial Review proceedings against Ireland’s media regulator, in a row over the watchdog’s bid to clamp down on hate-filled content and prevent children from accessing adult content online.
Following Reddit, Tumblr has taken the case over its designation as a “video-sharing platform service” that will have strict obligations under Coimisíun Na Meán’s Online Safety Code, which remains out for public consultation until the end of the month.
Under the code, designated platforms like Tumblr will have to adhere to strict provisions aimed at protecting children and the public from certain content online. In the case of children, it will have to ensure they cannot access adult content online with the use of effective age verification procedures, for example.
As well as Tumblr and Reddit, the other platforms designated include Facebook, Instagram, YouTube, Udemy, TikTok, LinkedIn, X and Pinterest.
More generally, the code aims at clamping down on content that incites hatred and violence and says that designated sites will have to provide tools to help people recognise disinformation and misinformation.
If designated services are found to be in breach of their requirements, they could face hefty fines of up to €20m. The framework will also include the EU Digital Services Act and the EU Terrorist Content Online Regulation.
The wider European efforts under the EU Digital Services Act will see the Irish regulator be granted powers to progress these enforcement measures from next month.
After the designation as a video-sharing platform service, the companies involved had 28 days in which to challenge the matter via judicial review in the High Court.
In a statement, Reddit said its judicial review proceedings against Ireland’s media regulator “could have broadly sweeping implications for the internet”.
It is understood that Reddit does not agree with its designation along with the nine other platforms, nor does it understand Coimisiún na Mean’s rationale in choosing the list or why it was so short given the sweeping powers the regulator has.
Separately, it is understood the Coimisiún feels it followed the right process and came to the right conclusions in this case.
Ms Justice Niamh Hyland, on Monday, agreed to "stop the clock" — meaning the deadline has been met — on the judicial review taken by Reddit. However, no detail of the case was outlined for the purpose of stopping the clock.
Andrew Fitzpatrick SC, for Reddit, told Ms Justice Hyland the various video-sharing guidelines decision, which is not in force yet, will have consequences for his client.
Paul Gallagher SC, for the regulator, said his side did not oppose the grant of leave to bring the challenge but they wanted an early hearing of the matter.
The judge agreed to put it back to early next month and said the parties should engage in advance of that date to agree on directions on how the case should proceed. There would be no difficulty about giving the case an early hearing date, she said.
No date has yet been set for the case taken by Tumblr, which is represented by Mason, Hayes and Curran in the case. Coimisiún na Meán has said it doesn't comment on ongoing legal cases.
A Tumblr spokesperson said: "We respect the important work of the Commission and its role in online safety, but respectfully disagree that Tumblr is 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."
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