Meta and WhatsApp Challenge €12.9M Irish Media Levy: A Transparency Dispute
Social media giants Meta (Facebook and Instagram) and WhatsApp have secured a High Court ruling allowing them to challenge a €12.9 million levy imposed by Coimisiún na Meán, Ireland’s media watchdog. The core of the dispute isn’t the levy itself, but a claimed lack of transparency in how the figure was calculated.
The Challenge: Lack of Clarity in Levy Calculation
Lawyers representing Meta Platforms Ireland Ltd and WhatsApp Ireland Ltd argued successfully for permission to contest the basis of the levy. The companies received “invoices” rather than “appropriate notices” regarding compliance with the 2025 levy order, raising concerns about due process. They argue they were unable to verify the formula used to determine the €12,921,438 total.
Why is Coimisiún na Meán Imposing This Levy?
Coimisiún na Meán was established to regulate online safety and media content, ensuring compliance with Irish and European Union legislation. The levy is intended to fund the watchdog’s oversight of large online platforms, particularly concerning harmful content, disinformation, and user safety. Meta, WhatsApp, and their platforms – Facebook, Instagram, and WhatsApp – have been designated as “remarkably large online platforms” by the EU, requiring supervision.
Digital Services Act and Supervisory Fees
A key point of contention is the lack of clarity regarding how supervisory fees payable to the European Commission under the Digital Services Act (DSA) were factored into the levy. Meta and WhatsApp are concerned about potential “double-charging.” The companies submitted they had no way to verify if the correct formula was used, receiving only an invoice without explanation of the calculation.
Broader Implications: Regulatory Oversight of Huge Tech
This challenge highlights the increasing scrutiny faced by large technology companies regarding regulatory compliance. Coimisiún na Meán also designated Meta Platforms Ireland Limited, in respect of Instagram, as a hosting service exposed to terrorist content. This designation, alongside the DSA requirements, contributes to the increased financial burden on these platforms.
Recent Regulatory Actions in Ireland
This isn’t the first legal challenge Meta has faced in Ireland. WhatsApp recently won the right to challenge a €225 million Irish privacy fine, demonstrating a pattern of contesting regulatory decisions. X (formerly Twitter) also recently failed in a court challenge against Coimisiún na Meán regarding the Online Safety Code.
What’s Next?
The High Court has granted depart for judicial review, and the matter is adjourned to April. The outcome of this case could set a precedent for how media levies are calculated and imposed on large online platforms in Ireland and potentially across the EU.
FAQ
What is Coimisiún na Meán?
It’s Ireland’s media watchdog, responsible for regulating online safety and media content.
What is the Digital Services Act (DSA)?
An EU regulation that aims to create a safer digital space by setting out obligations for online platforms.
Why are Meta and WhatsApp challenging the levy?
They claim a lack of transparency in how the €12.9 million figure was calculated.
What is the potential outcome of this case?
The court’s decision could set a precedent for future media levies on large online platforms.
What does “judicial review” mean?
It’s a process where a court examines the lawfulness of a decision made by a public body.
Did you know?
Coimisiún na Meán can impose penalties on providers for not complying with the Terrorist Content Online Regulation (TCOR).
Pro Tip:
Staying informed about regulatory changes is crucial for businesses operating in the digital space. Regularly check updates from organizations like Coimisiún na Meán and the European Commission.
Interested in learning more about the evolving landscape of digital regulation? Explore our other articles on online safety and data privacy.
