Ms Niamh Hodnett:

I return to the Deputy's previous question on the AI-recommended system. I stress that we are very concerned about the amplification of harmful content online. It is not expressly provided for in our Online Safety and Media Regulation Act, nor is it one of the express obligations that can be imposed under Article 28b(3) of the audiovisual media services directive. Nonetheless, we feel it is a necessary measure to protect minors from harmful content online. We consulted on that as part of the supplementary measures we feel are necessary in order to provide for safety for children, particularly online, for a recommended safety plan to be in place to mitigate those risks.

Since Saturday, when the Digital Services Act became fully applicable in Ireland, there are now obligations. Since August, all large platforms have been obliged to have in place a recommender system that is not based on profiling, for example, a chronological recommender system. That obligation is set out under Article 38 of the Digital Services Act. That obligation has been on the large platforms since the end of August 2023. In addition, platforms are required to be transparent about how their algorithms are being used. They are also required to address the risks posed by algorithms and recommender systems, including the risk to the right of a child under Article 24 of the EU Charter of Fundamental Rights. They are required to conduct a risk assessment and put in place mitigation. Those obligations are contained in the Digital Services Act in addition to the obligation to protect the safety of minors.