Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 3:

In page 10, line 13, to delete "section 199" and substitute "section 201".

The substantive amendment in this grouping is amendment No. 36, which seeks to insert two new sections into the Bill. These sections provide that, as set out in Articles 9 and 10 of the Digital Services Act, when an authority issues an order to act against illegal content, or an order to provide information about a recipient of the service, it must meet certain conditions, contain certain information and be transmitted to Coimisiún na Meán. Articles 9 and 10 of the Digital Services Act are concerned with orders issued by the relevant national judiciary or administrative authorities on the basis of the applicable union or national law to a provider either to act against illegal content or provide information about a recipient of the service. They do not interfere with existing procedures or requirements for seeking or issuing an order to take down illegal content or provide information. It also does not change what constitutes illegal content.

The main objectives of these articles in the Digital Services Act are to ensure consistency in orders across the EU, to give clarity to Internet service providers about such orders, to ensure that there is transparency of the actions taken to give effect to these orders, and to ensure regulators throughout the EU are informed of these orders wherever they are issued.

Orders issued by the courts are not provided for in the Bill. Court rules are being amended by the Courts Service to meet the obligations in Articles 9 and 10.

Amendments Nos. 3 to 5, inclusive, 37, 39 and 40, and 45 to 49, inclusive, are purely technical amendments that update number referencing in the Bill that is required as a consequence of the insertion of amendment No. 36. These amendments are required because the numbering relates to numbering within amendments of the Broadcasting Act 2009, as amended, and, therefore, will not automatically change as part of the editing process by the Bills Office.