Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I thank the Deputy for submitting this amendment. My reading of it is that it seeks to amend the Bill in order that Coimisiún na Meán must publish decisions about contraventions carried out by an individual as well as by providers. In the Broadcasting Act 2009, as amended, following an investigation into a contravention by a provider, Coimisiún na Meán must publish its decision with the name of the provider, the nature of the contravention, the reasons for the Coimisiún's decision and any other particulars, reports or material that it considers appropriate. In the DSA, and consequently in this Bill, it specifically provides that the powers of investigation held by Coimisiún na Meán include powers to investigate both providers and other persons acting for purposes related to their trade, craft or profession who may reasonably be aware of information relating to a suspected infringement of the regulation.

The Bill provides that decisions that are to be published by Coimisiún na Meán relate to a contravention by a provider concerning an infringement of the provisions of the DSA or to comply with interim measures or a commitment agreement. In the case of a contravention that relates to the actions of an individual – for example, if someone obstructs an authorised officer during a digital services investigation, refuses to comply with a requirement or gives false or misleading information – the obligation on Coimisiún na Meán does not apply. The reason for this is respect for private life and to protect against concerns about the publication of personal data.

The intent of the DSA is to enforce regulation of intermediary service providers. The Bill provides for publication of decisions about contraventions by providers of the DSA. We are concerned that publishing decisions about contraventions by individuals in the course of investigating those providers does not necessarily aid the Bill’s aims and may inadvertently lead to individuals being targeted for whatever reason. This is my main concern, particularly in the current online environment.