Reddit, the popular social media platform, has announced that it does not fall under the new Online Safety Code established by Ireland’s media regulator, Coimisiún na Meán. Citing jurisdiction in the Netherlands rather than Ireland, Reddit updated its user agreement for European users effective September 16, 2024. This change means that the services Reddit provides in the EU are now associated with Reddit Netherlands BV, effectively distancing itself from Irish regulations.
This assertion of jurisdiction has temporarily exempted Reddit from the Online Safety Code, which aims to implement enhanced safety measures on video-sharing platforms. Niamh Hodnett, the online safety commissioner, stated that discussions regarding Reddit’s jurisdiction are ongoing.
Legal Challenge: Reddit’s Opposition to Designation as a Video-Sharing Platform
Reddit’s claim of Dutch jurisdiction comes alongside its legal battle against Coimisiún na Meán, which previously classified the platform as a video-sharing service. This designation means that the Online Safety Code would apply to Reddit, which the platform contests as inaccurate. Reddit argues that it primarily serves as a text-based discussion forum, linking to videos hosted elsewhere, rather than hosting its own video content.
The platform’s legal team contends that this interpretation misapplies EU legislation. They argue that merely allowing links to external videos does not qualify Reddit as a video-sharing service. Despite an unfavorable ruling in the High Court, Reddit has received permission to appeal the decision in Ireland’s Court of Appeal. A spokesperson expressed their disagreement with the court’s interpretation, asserting, “This is an unprecedented interpretation of EU law that will have broadly sweeping implications for the internet if applied to other discussion-based platforms.”
Reddit’s Operational Base in the Netherlands
Reddit’s insistence on being governed by Dutch laws is based on its operational history, stating that since 2021, its primary European office has been located in the Netherlands, which is now its largest hub for EU operations. The company maintains that it has never established operations in Ireland specifically to cater to EU users, reinforcing its argument for jurisdiction in the Netherlands.
This position has led to Reddit being temporarily excluded from the Online Safety Code, which will apply to nine major video-sharing platforms, including X (formerly Twitter), Facebook, Instagram, and TikTok.
Implications of the Online Safety Code for Other Platforms
The Online Safety Code, set to take effect on November 19, 2024, aims to implement stricter safety regulations on video-sharing platforms, safeguarding users from harmful content. Under this Code, platforms must restrict the sharing of videos related to cyberbullying, self-harm, eating disorders, and hate speech.
Social media companies that violate the Code will face significant penalties, including fines up to 10% of their annual turnover or €20 million, whichever is higher. This marks a critical shift from self-regulation to legal obligation, holding platforms accountable for user safety.
The Role of the Regulator
Niamh Hodnett emphasized the importance of the Online Safety Code in protecting users. She noted, “The code sets binding rules for video-sharing platforms to follow to reduce the harm they can cause to users.” Hodnett further clarified that Coimisiún na Meán is not a censor; rather, its role is to ensure that platforms take action on user complaints about harmful or illegal content.
She reiterated that the public should report problematic content to the platforms themselves, while the regulator will ensure compliance with the Code’s provisions. Hodnett underscored that as the deadline approaches, compliance responsibility lies with the platforms, and Coimisiún na Meán will rigorously monitor adherence to the new regulations.
Despite Reddit’s jurisdictional ambiguity, Hodnett indicated that most social media companies have engaged positively in preparations for the Code’s implementation. The draft Code was submitted to the European Commission last summer, with no amendments requested, signaling EU support for the initiative.
