Social media platform X just lost another bid to protect free speech in a European country.
The Irish High Court ruled in favor of the government’s Online Safety Code (OSC), alarmingly dismissing the legal challenge from X and upholding legislation that is arguably even more oppressive against free speech than the European Union Digital Services Act (DSA). Significantly, Justice Conleth Bradley ruled that the OSC is “entirely complementary to the DSA,” hence the decision against X.
The July 29 court ruling declared that the government has “obligations” to “protect the general public from content containing incitement to violence or hatred,” including by forcing Big Tech to censor content that is arbitrarily deemed hateful.
X was taking on the Coimisiún na Meán, which is Ireland’s Media Regulator. The entity is battling with the American social media company over the Irish government’s efforts to impose dictatorial censorship regulations.
The ruling, delivered by Bradley, stated that the OSC and DSA rules including those demanding censorship of vaguely defined hateful or violent content apply to Meta, LinkedIn, Google, Microsoft, Pinterest, Apple, TikTok, SHEIN, Temu and X. Ultimately, in a blow to X, Bradley decided to “make an order refusing the reliefs sought.”
In terrifyingly Orwellian language, Bradley claimed that harmful content, which was not specifically defined, could be punished under the DSA even if it is not explicitly illegal. “Whilst harmful content may not be illegal, EU law has placed a paramountcy in extending a legal protection to content which it deems should not be seen,” Bradley wrote. “The Commission in making sections 12.1, 12.6 to 12.9 and 13.6 to 13.9 of the Code determined that this was most harmful content which should be subject to the strictest measures.” This apparently means that any opinion or fact could be labeled “harmful” by a government official and quashed.
Free Speech Ireland warned on Wednesday: “Major free speech implications from yesterday's Irish High Court ruling on X vs Coimisiún na Meán.” While X lost this case, X’s senior counsel Declan MacGrath announced that the company plans to appeal the decision, The Irish Times noted.
Conservatives are under attack! Contact your representatives and demand that Big Tech be held to account to mirror the First Amendment while providing transparency, clarity on hate speech and equal footing for conservatives. If you have been censored, contact us using CensorTrack’s contact form, and help us hold Big Tech accountable.
