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Permission granted for appeal on scope of national and EU online safety regulation for video-sharing platforms
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The High Court has certified a set of legal questions as points of exceptional public importance for appeal to the Court of Appeal, following an application by a technology company challenging the authority of a statutory media commission to impose certain online safety requirements on video-sharing platforms. The case centres on whether specific provisions of an Online Safety Code—requiring video-sharing services to implement terms and conditions strictly limiting certain content—conflict with or are complementary to the requirements established under EU law, particularly the Digital Services Act. The court found that the issues raised transcend the particular facts of the case and are of broad significance for how EU online safety regulation interacts with national measures. As a result, the High Court granted certification, allowing an appeal on the questions relating to the interpretation and scope of the competing legal frameworks.
certification for appeal – judicial review – statutory interpretation – video-sharing platform services – Online Safety Code – technology company – statutory media commission – Digital Services Act – Audiovisual Media Services Directive – Broadcasting Act 2009 – Online Safety and Media Regulation Act 2022 – EU law – points of law of exceptional public importance – vires of statutory bodies – harmonisation – terms and conditions – children"s online safety – public interest
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