Ms Tríona Quill:

I thank the committee for the invitation to participate in this meeting. The recently published online safety and media regulation Bill is an important milestone in the regulation of media and online services in Ireland and across Europe. I hope today’s exchange will be of assistance to the committee in further scrutinising its wider EU legislative context, including in relation to the EU's proposed Digital Services Act.

I would first like to reiterate the appreciation of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin, for the thorough pre-legislative scrutiny work carried out by this committee. A significant number of the committee’s recommendations are addressed by the Bill and the Minister intends to address a number of others as the Bill passes through the Oireachtas, including in relation to an individual complaints' mechanism.

The Bill has a number of key features. It will provide for the implementation in Irish law of the EU’s revised audiovisual media services directive. This forms the foundations of much of the Bill and provides that Ireland will regulate for the whole of Europe certain online platforms and media services established here. The Bill will also provide for the dissolution of the Broadcasting Authority of Ireland and the transfer of its remit and staff to be part of a new multi-person media commission. The Bill provides for the provision of a modern and robust suite of investigative, enforcement and sanction powers to the commission, and the creation of a new regulatory framework for online safety, to be overseen by an online safety commissioner. This will allow certain categories of harmful online content to be addressed through risk-based systemic regulation and binding codes. The Bill provides for the updating of the rules applicable to television broadcasters and video on-demand services to reflect changes to the way we consume these services.

A key driver behind the online safety and media regulation Bill is the implementation of the audiovisual media services, AVMS, directive, which requires the establishment of a new, robust and adaptable regulator. As committee members are aware, the Digital Services Act is currently being negotiated at European level and will address a wide range of issues, from illegal and harmful online content to consumer rights issues such as the availability of illegal goods on online platforms. Negotiations are being led by the Department of Enterprise, Trade and Employment on Ireland’s behalf. The Digital Services Act is, of course, not yet finalised and it is important to note the audiovisual media services directive will not be replaced by the Digital Services Act. Rather, it is explicitly recognised in the proposed text of that Act as complementary to it.

Therefore, the requirement to transpose the AVMS directive remains and it is important that this is done as soon as possible through the enactment of the OSMR Bill, in light of the infringement proceedings that are currently under way.

The Digital Services Act, DSA, envisages the creation of networks of digital regulators at both EU and national level. These will provide the framework for enforcing both the DSA and the raft of digital legislation that is currently under development or coming down the tracks over the next decade to safeguard European citizens and support European enterprises. Work is ongoing in scoping out the appropriate regulatory structures in Ireland to implement the DSA and this too is being led by our colleagues in the Department of Enterprise, Trade and Employment.

As a horizontal legislative instrument, the DSA overlaps with the remit of a wide range of existing regulators and laws, including aspects of the OSMR Bill. These overlaps will need to be worked through when the DSA is finalised and is being implemented into Irish law over the coming years. In this regard, we will continue to work with our colleagues from the Department of Enterprise, Trade and Employment to monitor the regulation as it moves through the EU legislative process.

To conclude, I reiterate my hope that today’s meeting will assist in the committee’s consideration of the Bill in its wider EU legislative context. I look forward to answering members' questions.