Oireachtas Joint and Select Committees
Wednesday, 19 January 2022
Joint Committee on Tourism, Culture, Arts, Sport And Media
EU Digital Services Package and the Online Safety and Media Regulation Bill: Discussion
Mr. Ciarán Shanley:
Illegal and harmful content is considered in the Bill under the moniker of "harmful online content". The Bill sets out a Schedule of the criminal offences by which harmful content can be spread. That includes the recently updated offences under the Harassment, Harmful Communications and Related Offences Act 2020 on image-based abuse, harassment and the like.
There are also three to four categories of other content that relate to the promotion of eating disorders, suicide, self-harm and cyberbullying content. That content is not related to criminal offences and as such, is subject to a risk-of-harm test, which relates to threat to life or reasonably foreseeable risk of harm to a person's physical or mental health. That is the content and scope of the OSMR Bill and this relates to the content and scope of the AVMS directive as well.
On top of that, the media commission will devise online safety codes, which will set standards and obligations for how the regulated online services, including video-sharing platforms, deal with this kind of content, including preventing its availability and when it does become available, how the commission deals with it, how complaints systems work and how it reports on this to the regulator.
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