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

Dr. Johnny Ryan:

I believe there is a body of law. Let me guide the committee through it. Before we get to the Online Safety and Media Regulation Act or domestic law, one of the things that this brings into domestic law is the audiovisual media services directive. The relevant parts for the Deputy's question are article 6(a)(1) and article 28 (b)(1)(a) which state that services must take appropriate measures to protect minors from various things which "may impair their physical, mental or moral development." It is broad language that reoccurs. That should move in the right direction from your perspective. On the Online Safety and Media Regulation Act, which is domestic law, the question of enforceability arises. Section 139K (4)(a) states that the commission's safety code may provide "standards that services must meet, practices that service providers must follow, or measures that service providers must take ".

The final bit I would add is that section 139ZZC, which is a horribly drafted part of the Online Safety and Media Regulation Act, states that Coimisiún na Meán can go to the High Court if it deems it necessary and apply for a blocking order, which would say, "You are out of the market because you did not do what we asked you to do." The commission has the power and they just have to use it.

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