Oireachtas Joint and Select Committees

Tuesday, 6 November 2018

Joint Oireachtas Committee on Communications, Climate Action and Environment

Digital Safety Commissioner Bill 2017: Discussion (Resumed)

11:00 am

Ms Niamh Sweeney:

I am wary of getting into a conversation about section 10 of the Act given the Deputy is a lawyer and I am not. I am not aware but I would have to check. My understanding is there is a view that section 10 applies online but it has not been tested in many instances. As Deputy Ó Laoghaire said, I think it was the ambition of the LRC, with its draft Bill which Deputy Howlin has moved forward, to make it more explicit. As I said earlier, we would be supportive of it where it is clearly defined and practical for the digital environment. That is where one has to ask what harassment is because there are very different views on what the threshold is for different individuals. Platforms would need very clear guidance on where that line is drawn so they would have legal certainty.

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