Oireachtas Joint and Select Committees

Wednesday, 26 May 2021

Joint Committee on Media, Tourism, Arts, Culture, Sport and the Gaeltacht

General Scheme of the Online Safety and Media Regulation Bill 2020: Discussion (Resumed)

Mr. Liam Herrick:

They are very broad questions and I am not sure I am able to answer them all off the bat. Certainly, the question about the broad powers is a deep concern for us. One of the difficulties is that not only are very broad powers being proposed for the commission, but also powers for it to take on the role of further defining what might be harmful content. That is problematic from the administration of law and constitutional perspective. It is also difficult from a freedom of expression perspective.

In terms of a mechanism in respect of age, as Ms Cronin said earlier, there is a fundamental difficulty in treating adults and children alike in the proposed Bill. We note in our submission that other jurisdictions have tended to focus particularly on harmful content with regard to children. I am not sure there is any mechanism for distinguishing in terms of private messaging in this area. I will be happy to refer back to the Deputy on that in writing.

As regards organising politically, it is not something we addressed specifically in our submission. It is not something that is immediately apparent to us as a difficulty, but Ms Cronin may have some thoughts on that point.

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