Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I move amendment No. 118:

In page 89, between lines 24 and 25, to insert the following:

“CHAPTER 4

Complaints to Commission about harmful online content

Complaints to Commission about harmful online content

139R.Where a scheme under section 139V provides for the making of a complaint to the Commission on the grounds that harmful online content is available on a designated online service, the Commission may deal with the complaint in accordance with this Chapter and the provisions of the scheme.

Complaints which may be considered by Commission

139S. (1) Subject to subsection (2), the Commission may not consider a complaint under this Chapter unless it is satisfied that the following conditions are met:

(a) the complainant has made a complaint to the provider of the designated online service concerned about the availability of the content on the service;

(b) a period of more than 2 days has elapsed since the complainant made the complaint to the provider;

(c) where the provider operates a process in accordance with an online safety code for handling such a complaint, the complainant has taken reasonable steps in that period to have the complaint resolved through that process.

(2) Where the Commission is not satisfied that the conditions in subsection (1) are met, it may consider a complaint under this Chapter if it considers it appropriate to do so having regard to the principles referred to in section 139U.

(3) Where a complaint relates to content which falls within one of the offence-specific categories of harmful online content defined in section 139A(2), the Commission may consider the complaint under this Chapter only if—

(a) the Commission has brought the complaint to the attention of the Garda Síochána, or any other body the Commission considers appropriate,

(b) the Commission has informed the complainant and the provider of the designated online service that it has done so, and

(c) where the complaint was brought to the attention of the Garda Síochána, the Garda Síochána has informed the Commission that they do not intend to take any action, or any further action, in relation to the availability of the content on the service concerned.

Resolution of complaints

139T. (1) The Commission may take any of the following actions for the purpose of resolving a complaint under this Chapter:

(a) referring the complaint to the provider concerned with such advice, guidance or support as the Commission considers appropriate;

(b) bringing the complaint to the attention of another body, where the Commission considers the complaint relates to the activities of that body;

(c) giving the provider a notice under section 139ZZD(1);

(d) dismissing the complaint where the Commission concludes that the content is not harmful online content, or is no longer available on the designated online service;

(e) dismissing the complaint where the Commission finds that the complaint is frivolous or vexatious;

(f) taking any other action provided for in a scheme under section 139V.

(2) Where the Commission concludes its consideration of a complaint under this Chapter but does not consider any action within subsection (1) to be appropriate, it shall provide such advice, guidance or support to the complainant as it considers appropriate.

Principles for resolution of complaints

139U.In dealing with complaints under this Chapter, the Commission shall have regard to—

(a) the rights of—

(i) the complainant,

(ii) the person who uploaded the content to the designated online service,

(iii) the provider of the designated online service,

(iv) the users of the designated online service, and

(v) any person to whom the content relates or at whom it is directed,

(b) the interests of any child concerned as complainant, as the person who uploaded the content to the designated online service, or as a person to whom the content relates or at whom it is directed,

(c) the levels of risk of harm, and in particular harm to children, from the availability of the content or exposure to it, and

(d) the desirability of resolving the complaint efficiently.

Complaint scheme: content

139V. (1) Subject to this Chapter the Commission may make a scheme providing for the making and resolution of complaints referred to in section 139R.

(2) The Commission may make a scheme relating to complaints about the availability of a type of harmful online content on designated online services only if there is an online safety code that—

(a) applies to the designated online services concerned, and

(b) relates to the handling, by those providers, of communications from users raising complaints about harmful online content of that type.

(3) A scheme shall provide, in particular, for—

(a) the content of a complaint,

(b) the procedures by which a complaint may be made,

(c) the procedures the Commission shall follow in considering and resolving complaints,

(d) the making of representations in relation to the complaint by the person who uploaded the content that the complaint is about to the designated online service,

(e) the requirements the Commission may impose on providers of designated online services for the purpose of resolving complaints, and

(f) the procedures by which the Commission shall inform the complainant of the Commission’s resolution of the complaint.

(4) A complaint shall contain, in particular—

(a) a description of the content that the complaint is about,

(b) a description of the category of harmful online content into which the complainant considers the content falls, and the reasons for that consideration,

(c) a description of the location of the content on the designated online service, and

(d) evidence that the conditions in section 139S(1) are met.

Complaint scheme: procedure

139W. (1) Before making a scheme under section 139V, the Commission shall consult—

(a) any advisory committee it has established for that purpose under section 19, and

(b) any other person the Commission thinks appropriate.

(2) The Commission shall give the Minister a copy of any scheme made under section 139V as soon as practicable after it is made.

(3) The Commission may amend or replace a scheme made under section 139V, and subsections (1) and (2) apply to the amendment of a scheme as they apply to the making of a scheme.

(4) A scheme made under section 139V, and any amendment of it, shall be laid by the Commission before each House of the Oireachtas as soon as may be after it is made.

Implementation of schemes

139X. (1) The Commission shall prepare a plan describing the period within which, and the manner in which, it proposes to make schemes under section 139V such that, in any case where there is an online safety code that relates to the handling, by providers of designated online services, of communications from users raising complaints about harmful online content of any type, the Commission is able to deal with complaints about the availability of that type of harmful online content on any designated online service to which the code is applied under section 139L.

(2) The Commission’s proposals in the plan prepared under subsection (1) shall prioritise the making of schemes under section 139V relating to complaints about harmful online content relating to or directed at children.

(3) A plan prepared under subsection (1) shall be given to the Minister and published on a website maintained by or on behalf of the Commission as soon as practicable after it is prepared.

Review of operation of scheme

139Y. (1) The Commission shall review the operation of this Chapter at the end of the period of 5 years after the date of its coming into operation.

(2) Without prejudice to subsection (1), the Commission shall review the operation of a scheme under section 139V where the Minister requests the Commission in writing to do so.

(3) The Commission shall give a report of a review to the Minister as soon as practicable after completing the review.

(4) The Commission shall publish the following annually on a website maintained by it:

(a) the number of complaints it has received in the previous year under a scheme and how those complaints were resolved;

(b) the categories of harmful online content to which the complaints related;

(c) such case studies of complaints as it considers appropriate.”.