The High Court has been called upon to reverse a verdict by the media authority to list Tumblr as one of ten video-sharing platform services (VSPS) to be monitored under a fresh online safety code. Tumblr Inc, originating from the US, argues that Coimisiún Na Mean’s decision is ill-conceived, misinterpreting and misapplying the VSPS definition under EU regulation and the Broadcasting Act of 2009.
Disagreeing, the regulator asserts that Tumblr’s user-generated video content is a charming aspect of the service, utilised for revenue generation. Speaking on Tumblr’s behalf, Emily Egan McGrath SC put forward that videos barely make up the user experience on the platform, constituting less than 4% of Tumblr’s posts. Despite the regulator’s claim that some users frequently get audio-visual material, less than 1% get videos every month, the counsel pointed out.
Furthermore, she deemed Tumblr’s classification as a VSPS irrational, unsupported by evidence, and a legal blunder. She warned of the significant repercussions for Tumblr, which unlike its larger counterparts that employ thousands and have numerous content monitors, only employs fewer than 200 staff and 40 monitors. The data suggests that Tumblr does not qualify as a VSPS, thus, should not be obliged to follow the same standards as video-heavy platforms.
Tumblr claimed different size, risk profile and content from other platforms. There was supposedly a glaring oversight in the regulator’s engagement with given data before the designation decision was taken last December.
Representing Coimisiún na Mean, Catherine Donnelly SC stated that Tumblr’s inclusion decision followed exhaustive consultation with the company, adhering to relevant guidelines and EU directives, after careful, long term interaction with Tumblr. She described the decision as manifesting comprehension of these factors. She dismissed the counsel’s allegations of misunderstanding by the regulator, suggesting instead that Tumblr had misinterpreted particularly regarding quantitative data usage in the evaluation. There was also a denial that reasons for the decision were inadequately given.
The legal representative asserted that the damage possible from minor audiovisual content on Tumblr is identical to that of platforms with substantial video sharing activity. The case proceeds to the next phase overseen by Justice Siobhán Phelan.