The High Court has awarded legal costs against Elon Musk’s social media giant X, formerly Twitter, after it failed to get a pre-trial pause to a Coimisiún na Meán investigation into complaints from users of the platform.
Musk’s X Internet Unlimited Company is asking the High Court to quash the commission’s decision to pass information relating to the complaints to the watchdog’s internal “supervisory” team for possible future investigation.
At the High Court on Friday, Judge Cian Ferriter awarded legal costs to the commission, represented by David Fennelly SC, after it successfully defended X’s stay application earlier this month.
Fennelly told the judge that, while the commission had objected to the stay, the substantive hearing of the trial could go ahead in July.
The complaints received by the commission were made under provisions of the EU’s Digital Services Act.
[ X refused stay in Coimisiún na Meán challengeOpens in new window ]
In its substantive judicial review proceedings, X claims the commission’s decision to refer the information to the supervisory team was unlawful.
The commission denies this, arguing it it can refer the relevant information.
As part of the legal challenge, X unsuccessfully sought an order temporarily pausing the commission’s ability to use the relevant complaint information pending determination of the proceedings.
In his judgment refusing the stay earlier this month, the judge said lawyers for X overstated the extent to which the platform would be prejudiced in the event a stay was not granted.
The judge said X understated the public interest in the “orderly operation” of the complaints process provided for under the Digital Services Act and the Broadcasting Act 2009.
X claimed the continuation of the commission’s investigation would cause the platform “serious and irreparable” harm.
The company argued that if the investigation reaches a conclusion prior to the legal proceedings being heard, the proceedings would be rendered moot and would deprive it of an effective remedy.
X is engaged in several legal battles brought against the media regulator. In one case before the courts, billionaire Musk is named as the plaintiff.
On Friday, Ferriter said Neil Steen SC, for X, had submitted the costs order should be considered in the context that the stay issue could be re-visited in the substantive trial.
Fennelly said there had been no necessity for the stay application taken by X in the first place.
Ferriter ordered costs in favour of the commission. However, he paused that order pending the determination of the overall contested proceedings to be held over two days in early July.