Elon Musk’s social networking platform has accused Ireland’s media watchdog of engaging in “over-regulation” in its approach to restrictions on certain video content.

Twitter International Unlimited Company, which operates “X”, claims i Supreme Court procedure which Coimisiún na Meán’s new online safety code runs counter to Irish legal requirements to protect and balance fundamental rights, particularly freedom of expression.

The company wants the court to overturn the commission’s October 10 decision to adopt certain parts of the code, which applies binding rules to video-sharing platforms headquartered in Ireland. It mandates the platforms to protect people, especially children, from harmful video and related content.

The company further asks the court to overturn the Commission’s decision to apply the code to X.

On Monday, Twitter International secured the court’s permission to have those decisions judicially reviewed. Ms Justice Mary Rose Gearty said the case appeared to involve “contentious” grounds and therefore met the threshold for its continuance.

The lawsuit specifically addresses a section of the code that requires video-sharing platforms to prevent users from uploading or sharing video that the code defines as “restricted.”

Falling under the code’s “restricted” heading is video content that bullies or humiliates a person or that promotes eating disorder behaviour, suicide, self-harm or behavior that harms the safety of children, including dangerous challenges.

Twitter International argues that the definition is “broadly framed” and can encompass a “wide range of content, including legal content”.

The company notes that the EU Audiovisual Media Services Directive makes a clear distinction between illegal content, which includes incitement to hatred, and “lawful but harmful” content. Video-sharing platforms must ban illegal content, but the directive foresees that legal but harmful content will be subject to access restrictions to protect children, the company said.

It claims that the Coimisiún na Meán’s “absolute ban” on “restricted” content, with no discretion, contravenes the requirements of Ireland’s Digital Services Act.

The company emphasizes that it does not believe that a ban on restricted content can never be a proportionate interference with freedom of expression. The company says its terms already prohibit certain content, such as promoting suicide and self-harm. After assessing competing rights, the company is convinced that such restrictions are proportionate.

However, the code does not allow companies to make a balancing of rights assessment to determine what restrictions would be appropriate for certain “restricted” content, it says, arguing that this contravenes the Digital Services Act.

Twitter International also claims the commission went too far by introducing measures to ensure video-sharing platforms enforce their own terms.

The court heard Coimisiún na Meán wants an early hearing of the case, which will be mentioned again before the court next February.