The Workplace Relations Commission yesterday handed down its ruling in the long-running proceedings, which were brought by the Irish Human Rights and Equality Commission in 2016.

The human rights body brought the case in its own name using its unique powers under section 23 of the Equal Status Acts.

It followed its review of the daft.ie website, which identified a number of adverts that discriminated on the housing (HAP), age and family status grounds of the Equal Status Acts, using terms like “rent allowance not accepted”, “suit family or professionals only”, “would suit young professionals” and “references required”.

The WRC rejected website owner Daft Media Limited’s argument that it was a ‘mere conduit’ for online content under EU law, and rejected the claim that such EU law provisions rendered the company immune from the complaint.

Daft Media Limited has now been ordered by the WRC firstly to “refrain from publishing, displaying or permitting to be published or displayed on its website” discriminatory adverts, and secondly to “develop a methodology to identify, monitor and block discriminatory advertising on its website” based on a list of terms of trigger words and phrases provided previously to them by the human rights commission.

The Adjudication Officer wrote: “I am satisfied that…the respondent [Daft Media Limited] has a vicarious liability for advertisements placed on its website by third parties where these constitute a breach of the Equal Status Act.”

This is the first case where a decision by the Irish Human Rights and Equality Commission to commence proceedings in its own name has resulted in a decision of the WRC.

Chief commissioner Emily Logan said: “This decision also sends out an important signal that online platforms cannot hold the legal line that they are mere conduits when it comes to hosting discriminatory material. Today’s ruling makes clear that there is a responsibility attached to hosting such advertising by website owners.”