Ms Celene Craig:

I thank the Deputy for his question. The first comment to make about the scope of the online safety and media regulation, OSMR, Bill is that there is considerable breadth in the matters it covers. There are all of the matters covered by the audiovisual media services directive as well as the individual harms envisaged within the national scheme.

Disinformation, or fake news as it is often called, is a major concern and an important area of activity for the BAI currently. However, it is not envisaged by the OSMR Bill's provisions as drafted. We raised this matter for the Oireachtas's consideration. We are aware of the potential for damage that can arise in respect of some of the public health matters to which the Deputy referred. However, we have suggested in our submission that this is something that the Oireachtas might put a pause to. While there is good reason for including it within the scope of the Bill, it is fair to say that what the Bill covers is already extensive and it is important that the media commission address those issues and get measures up and running quickly.

Another reason for deferring this matter for the present time, albeit keeping it in consideration for down the line, is the potential for legislation at European level in this regard. The matter is being actively considered by regulators and legislators at European level. We believe that there may be some developments there. As such, there could be some value in waiting to see what those developments are, thereby allowing Ireland to co-ordinate on the issue. While the media commission should support activities at European level, particularly in terms of identifying issues concerning Covid vaccines and so forth, a media regulator can try to determine what impact such issues will have at an Irish level, which is what the BAI is currently trying to do. We intend to continue our work in this vein. We also suggest that the media commission maintain an informational and research role in this regard. In terms of bringing it within the scope of the legislation, there may be some value in waiting to see what happens at European level.

The Deputy spoke about the case of a young woman whose personal data were used in a shocking experience. As he rightly stated, it was considered illegal under Coco's Law. A breach or potential breach would be a matter for other arms of the State in terms of progressing any prosecution that might be appropriate and would not necessarily be a matter for the media commission. There could be personal data considerations on which the DPC might wish to comment.