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 Triona Quill:

On the Australian office for digital safety, a key aspect worth bearing in mind is the different legal frameworks within which we operate, particularly in the context of our membership of the European Union. The e-commerce directive 2000 sets out the limitations on legal liability that apply to digital service undertakings. As Ms Cronin pointed out, that is an issue on which we have sought advice from the Office of the Attorney General. It must be recognised that there are differences in the legal framework which may impact on the capacity of an office in this jurisdiction to operate in the same way as a similar office in Australia. That is probably the key element to bear in mind when considering the system in operation there. In addition, aspects of the Australian office for digital safety focus solely on children rather than the broader focus on all citizens - while recognising the particular vulnerability of children - as proposed in the Bill. In particular, legal liability is an issue that needs further reflection and examination.

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