Oireachtas Joint and Select Committees

Tuesday, 13 February 2024

Joint Committee On Children, Equality, Disability, Integration And Youth

Protection of Children in the Use of Artificial Intelligence: Discussion

Ms Clare Daly:

I would make a number of clarifications around questions raised by Deputy Brady. Talking about the Harassment, Harmful Communications and Related Offences Act 2020 that Deputy Brady mentioned that was in our opening statement, this is known as Coco's law. It is a ground-breaking piece of legislation. The question Deputy Brady asked was on whether there should be amendments made to the law. The issue is that it is not sufficiently clear in terms of whether it extends to images generated without consent. That is the difficulty. It prohibits the recording, distribution or publishing of an intimate image of another person but the question around images that are generated is not clear. That is the clarification there.

In relation to questions raised by Deputy Creed, in talking about whether or not we see different mechanisms of enforcement in other jurisdictions and whether that illustrates that certain social media companies are able to adjust the service or the product per regulator per jurisdiction, that hits the nail on the head. This appears to be capable of being done. We see that in France, for example, I understand from headlines, there is a requirement of parental consent if a child is to sign up to social media. We also saw a lot of headlines over the last year coming from different US states imposing different types of laws on social media per state so it appears that there are different products that can be aimed at different jurisdictions from the social media companies.

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