Oireachtas Joint and Select Committees
Wednesday, 28 February 2024
Joint Oireachtas Committee on Jobs, Enterprise and Innovation
Operation and Resourcing of Coimisiún na Meán: Digital Services Commissioner
Mr. Tiernan Kenny:
We tell people if they come across illegal content that they should flag it to the platform on which they saw it because the platform has the obligation to have a mechanism for somebody to report illegal content. It also has an obligation to remove it once it becomes aware of it and to inform the person who made the complaint of the outcome. If you make a complaint, the platform has to tell you what they have done. If the person does not like the outcome of that complaint, for example, if they report content as illegal and the platform says it is not, they can appeal that directly with the platform internally within six months. Once the out-of-court dispute settlement bodies are in place, complainants will be entitled to go to them. At that point, they can come to us. I think the complaint they would be making is that the platform has not followed its obligations under the Digital Services Act to remove illegal content once notified. That is when we look at whether the platform had all the systems and processes in place and, potentially, having to make a determination as to whether the content was illegal or not. That comes at the very end of the process. It is all about making sure the system works.
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