Oireachtas Joint and Select Committees

Tuesday, 20 February 2024

Joint Committee On Children, Equality, Disability, Integration And Youth

Protection of Children in the Use of Artificial Intelligence: Discussion (Resumed)

Ms Niamh Hodnett:

I thank Deputy Sherlock. That is the kernel of our issue and we are very satisfied with the powers we have been given under the Online Safety and Media Regulation Act. It is important to say the era of self-regulation is over. This is the introduction of effective regulation and our online safety code is not optional but is a binding code. The code has to be legally robust and the measures we have to include must have a strong legal basis. A breach of the code or non-compliance with the code is underpinned by Part 8B sanctions of our Online Safety and Media Regulation Act. We can impose fines of up to 10% of relevant turnover or €20 million, whichever is the greater. Indeed, there can even be criminal sanctions for some of the more egregious breaches of non-compliance with the Act. It is important to say that self-regulation is over and we are now into an era of effective regulation. The Digital Services Act, which is our other online safety tool, took full effect across Ireland over the weekend. There we play a role, together with the European Commission, and fines of up to 6% of worldwide turnover can be imposed under the Digital Services Act. Our third tool, namely, terrorism content online regulation, is underpinned by sanctions of up to 4% of relevant online turnover.