Ireland Enforces Online Safety Rules: Compliance Required to Avoid Penaltie

Published Date : 7/30/2025 

Ireland's High Court has dismissed X's challenge against the Online Safety Code, ruling that the platform must comply with the regulations. The court's decision emphasizes the importance of online safety and age verification measures. 

Just as the social platform known as X has struggled to convince people to stop calling it Twitter, it has similarly struggled to convince Ireland’s High Court that the country’s regulators are out of line in making it follow the rules. The platform, owned by billionaire Elon Musk, has lost its challenge against the regulatory body Coimisiún na Meán’s Online Safety Code, according to a report from RTE. A justice dismissed the allegation that the code amounts to “regulatory overreach” and did not agree that X was entitled to reliefs sought by way of judicial review.

In other words, there’s no reason X shouldn’t have to abide by the law along with every other social platform. Now, it appears to be doing a bit of a dance in trying to avoid the regulator. Having announced the introduction of new age assurance measures to bring it in compliance with the Irish code, the UK Online Safety Act, and similar EU regulations, X has not, according to Coimisiún na Meán, actually implemented them. Per RTE, “last week, Coimisiún na Meán said it had not seen evidence of measures taken by X to comply with the code. It contacted the platform and asked for an explanation by last Friday. Coimisiún na Meán received a reply from X on Friday outlining the new measures which the regulator is now studying.”

X’s online help center post outlines its age assurance strategy, which it says takes a multi-step approach. It first looks at “existing highly reliable signals” including ID verification and account creation date, then moves to age estimation based on users’ email addresses and their existing network. For “user-involved” identity verification, X gives users two options: facial age estimation (FAE) based on a selfie, or on a photo from a government-issued ID. (“Users can submit a government-issued ID, which will be used to estimate their age by our artificial intelligence systems.”)

The legal kernel of the issue for X is the provisions of Part B of the Online Safety Code, which it claims go further than what was required in adapting the prior EU Audiovisual Media Services Directive (AVMSD). These are the provisions which require video-sharing platforms that allow pornography to use effective age assurance to ensure that children cannot access it. Coimisiún na Meán’s statement on the issue says that “platforms have had nine months to come into compliance with Part B of the Code. We expect platforms to comply with their legal obligations. Non-compliance is a serious matter which can lead to sanctions including significant financial penalties.”

In a follow-up post to its online help center, X says it will take a multi-step approach to verification, using existing signals, as well as age estimates using email addresses and social connections, and biometric modalities including facial recognition. A piece in the Irish Examiner looks at what the new age assurance laws mean for Ireland’s parents. It notes that “platforms must also have visible and easy-to-use parental controls, such as time limits or restrictions on who can post or view videos on a child’s account, along with clear mechanisms to report harmful content and established procedures for resolving complaints.”

Parents should familiarize themselves with platform settings, including parental controls, reporting tools, privacy defaults, and content ratings. But the hefty fines attached to noncompliance signify “a shift from self-regulation and parental vigilance towards holding tech firms legally accountable – assigning some responsibility to platforms for keeping children safe.” However, only some will be held accountable under the code. It only applies to 10 sites headquartered in Ireland: Facebook, Instagram, X, YouTube, Udemy, TikTok, LinkedIn, Pinterest, Tumblr, and Reddit. Non-video-sharing platforms – which include Snapchat and gaming platforms such as Steam – are not subject to the law. Nor does it cover recommendation algorithms.

The piece says a lack of detail on specific age verification or age estimation technologies is a flaw in the code. But that is likely to allow consumers a broad choice of age assurance options. Ireland is one of the EU’s early adopters of legally binding age verification requirements, specifically for video sharing platforms. Its code is in alignment with the EU Digital Services Act, which has somewhat less stringent age assurance rules. 

Frequently Asked Questions (FAQS): 

Q: What is the Online Safety Code in Ireland?

A: The Online Safety Code in Ireland is a regulatory framework implemented by Coimisiún na Meán to ensure that social media platforms comply with certain safety and age verification measures to protect children and users from harmful content.

Q: Why did X challenge the Online Safety Code?

A: X challenged the Online Safety Code, claiming that the provisions of Part B of the code go beyond what was required in adapting the EU Audiovisual Media Services Directive (AVMSD) and amount to regulatory overreach.

Q: What are the consequences of non-compliance with the Online Safety Code?

A: Non-compliance with the Online Safety Code can lead to significant financial penalties and other sanctions as determined by Coimisiún na Meán, the regulatory body in Ireland.

Q: What age verification methods does X use?

A: X uses a multi-step approach for age verification, including existing signals like ID verification and account creation date, age estimation based on email addresses and social connections, and biometric modalities such as facial recognition.

Q: Which platforms are subject to the Online Safety Code in Ireland?

A: The Online Safety Code in Ireland applies to 10 sites headquartered in Ireland, including Facebook, Instagram, X, YouTube, Udemy, TikTok, LinkedIn, Pinterest, Tumblr, and Reddit. Non-video-sharing platforms and gaming platforms are not subject to the law. 

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