LAST UPDATE | 29 Feb

IRELAND HAS been ordered by the European Court of Justice to pay a lump sum of €2.5 million for failing to transpose an EU directive regarding the provision of audiovisual media services. 

The fine relates to Ireland’s delay in bringing video-sharing platforms under the scope of the directive for the purposes of combating hate speech and protecting minors from harmful content. 

Media regulator Coimisiún na Meán is currently finalising its Online Safety Code, which is subject to public consultation at the moment. The finalised Code will form part of Ireland’s overall online safety framework, which will make a range of online services legally accountable for how they keep people safe online. 

The deadline for transposing the directive into national law was 19 September 2020. This deadline was missed by most Member States. 

The Court today noted that Ireland is the EU Member State where the largest number of video-sharing platforms are established. 

In its ruling, published this morning, the Court ordered Ireland to pay a lump sum of €2.5 million to the European Commission. 

In addition to this fine, the Court has ordered that from today, Ireland must pay a daily penalty of €10,000 to the Commission until it has put an end to its infringement. 

Today, the Court finds that Ireland failed to fulfil its obligations under EU law, by neglecting to adopt the legislative, regulatory, and administrative provisions necessary to comply with the Directive by the deadline set out by the Commission, and by failing to communicate these provisions to the Commission,” the judgement said.

“The Court also finds that Ireland has persisted in this failure, as it was not remedied by the day of the examination of the facts by the Court.”

In a statement today, the Department of Media said Ireland accepts the judgement and will study it in detail. 

It noted that the fines are “significantly lower than the maximum levels that were open to the Court to impose”. 

“Ireland is completely committed to implementing the Directive into Irish law. Full transposition will be achieved once Coimisiún na Meán adopts online safety and media services codes,” the Department said. 

It added: “It is important for Ireland that the Codes which Coimisiún na Meán puts in place are comprehensive and robust, and that all due processes are followed to minimise risk of legal challenge. 

“When completed, these Codes will make the online world safer and provide stronger regulation and oversight of streaming services established in Ireland.” 

The Coimisiún last month published a list of 10 services as named video-sharing platform services. This include Facebook, Instagram, YouTube, Udemy, TiKTok, LinkedIn, X, Pinterest, Tumblr and Reddit. 

Reddit subsequently launched High Court proceedings against the Coimisiún. It’s understood the Reddit Inc is seeking to overturn Coimisiún na Meán’s attempt to place the website on a designated list of video sharing platforms.