Oireachtas Joint and Select Committees

Thursday, 25 October 2018

Joint Oireachtas Committee on Communications, Climate Action and Environment

Digital Safety Commissioner Bill 2017: Discussion

2:00 pm

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

To answer Deputy Ó Laoghaire directly, there is clearly a regulatory task to be done if we are moving from self-regulation to a system of oversight. Someone needs to oversee this, as has been clear from everything I said. The Deputy is correct to anticipate that this will go beyond criminal offences. There is already a liability for criminal offences and a responsibility to remove material from websites and failure to do so will be exposed. This is moving into a realm beyond the criminal and to where we believe it is in the public interest. Deputy Dooley articulated that in some of the examples he cited.

A corollary of that, however, is that if we are discussing the introduction of fines, as Deputy Dooley is, we must set out the potential offences for which people could be fined. The more we go down a route of imposing penalties, the more important it is to define what harmful communication represents and what is the category in which we are creating this obligation. It is important to bear that in mind.

Facebook may like the idea of having one digital safety commissioner. However, would we ask Facebook what is the best way of providing resilience to students in our schools or would we ask that question of the National Council for Curriculum and Assessment, NCCA, whose membership includes trade union officials, curricular experts and others with experience of implementing policy? Would we cut out Webwise, which is on the cutting edge in terms of what it is doing, or wait for someone else to tell it what to do? Deputy Stanley noted the importance of having someone who is accountable. In the structure we have now, accountability goes from the Taoiseach down through the Ministers. There is an action plan we have to deliver and we will be held to account in each Department for that delivery. Each Department has its responsibility and a timeline for delivery. It is not the case that no one is being held accountable.

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