Facebook parent company Meta has launched a High Court action against Coimisiún na Meán’s decision to open an investigation arising from the company’s alleged infringements of the EU’s Digital Services Act.
Meta Platforms Inc is seeking a court order halting the commission’s two investigations launched in May, relating to recommender feeds on Facebook and Instagram. Meta faces potential financial sanctions arising from the investigations.
The court has already heard similar challenges taken by Elon Musk’s X and TikTok parent company ByteDance, with judgment to be delivered in due course.
The Digital Service Act – which underpins the commission’s investigations – is a significant piece of EU legislation that sets out regulations relating to online platforms, including big social media platforms.
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On Monday, Judge Mary Rose Gearty gave permission to Declan McGrath, counsel for Meta, to pursue two judicial review challenges to the commission’s decision to launch the investigations into practices on Facebook and Instagram. Meta’s Irish subsidiary, Meta Platforms Ireland Ltd, is a notice party to the action.
In its action, Meta claims the commission acted beyond its powers under the Broadcasting Act 2009 and the Digital Services Act by launching the investigations.
The tech giant’s case relies in part on its assertion that Meta Platforms Inc, with an address at Menlo Park, California, is not the provider of Facebook or Instagram in the EU.
Meta says its Irish subsidiary, Meta Platforms Ireland Ltd, is the sole provider of Facebook and Instagram in the EU. The commission, therefore, was wrong to launch an investigation into Meta Platforms Inc, it claims.
The cases will return in October.
