Ms Triona Quill:

As the Deputy mentioned, there are two levels of legal frameworks that we need to consider, namely, the national and the European. There would not be anything preventing national law in this area but it would have to respect the European framework and the Irish legal framework. One of the issues on which we have sought clarity from the Attorney General's office is in respect of the Irish legal framework with respect, for example, to whether a body such as the proposed office of the digital safety commissioner could exercise extra-territorial jurisdiction as a matter of general principle where there is not a universally accepted principle of international law. In other words, in the case of something in respect of which there is not an international or a European norm, can the State reasonably impose its jurisdiction on a body that is established outside the State? That would be one aspect to bear in mind in this regard.

In terms of adding extra national measures, we can do that but they would have to abide, as Ms Sweeney and others mentioned, by the European framework relating to the e-commerce directive. If content is illegal, it is provided for under that mechanism. If somebody brings to the attention of a platform a matter relating to illegal content, that platform has an obligation to take down the content. If a matter is not illegal but might be considered to be harmful in some way - issues relating to cyberbullying might fall into that category in some instances whereby, for example, children are bullying each other online but that may be extremely harmful content, for example, revenge porn or whatever, that might be categorised as criminal in nature - it is tricker to deal with precisely because it is not a criminal matter. It may be harmful but it is trickier to deal with because there is not a universally accepted definition and it is not provided for under the e-commerce legislation.

If the definition as set out in this Bill sticks to criminal acts that are provided for, or are going to be provided for, it is probably on clearer legal ground than if it is going into less clear territory. We will have more insights when we get legal advice back from the Attorney General's office.