DUBLIN, Ireland: Meta and WhatsApp have received approval from the High Court to challenge the calculation of a 12 million-euro government levy, set by Ireland's media regulator, Coimisiún na Meán, to cover the cost of overseeing the companies' operations.

At the High Court on February 16, lawyers for Meta Ireland and WhatsApp Ireland got permission from Justice Mary Rose Gearty to challenge a government fee. They said there was insufficient transparency about how the fee amount was calculated.

In legal documents, Meta explained that it provides Facebook and Instagram services to users in Ireland.

The European Union has labeled Facebook, WhatsApp, and Instagram as "very large online platforms." They are also classified under Irish broadcasting law as video-sharing and hosting services that regulators must supervise.

Meta and WhatsApp are asking the High Court to cancel the legal order under the Broadcasting Act 2009 that created the multi-million-euro levy. They also want the court to declare that the State media commission acted unlawfully and unfairly, and possibly even find the law itself unconstitutional. The companies argue that they should have been formally notified before being sent invoices under the 2025 Levy Order.

The firms say the commission wants to collect the levy to pay for its regulatory work and operating expenses. However, they argue that although the commission has the power to set such fees, it must clearly explain how the amounts are calculated.

Meta and WhatsApp also say they could not see how any supervisory fee they already pay to the European Commission under the Digital Services Act was taken into account, raising fears of being charged twice. They claim they were only sent invoices rather than proper official notices.

According to the companies, the total levy demanded from them is about 12.9 million euros. They argue they had no way to verify that the correct formula was used because they received only a simple bill with no explanation of how the final figure was calculated. They say this shows a lack of transparency on the part of the commission.

Their lawyer, Andrew Fitzpatrick, told the judge that while the Broadcasting Act gives the commission some freedom to act, it does not clearly explain how such levies should be calculated. He said it seemed like one public body was acting on its own without clear rules, and that Meta would challenge the order itself because no detailed information was provided.

Justice Gearty allowed the companies to begin a judicial review — a legal process to question a public authority's decision — and postponed the case until April.