Oireachtas Joint and Select Committees

Tuesday, 6 November 2018

Joint Oireachtas Committee on Communications, Climate Action and Environment

Digital Safety Commissioner Bill 2017: Discussion (Resumed)

11:00 am

Ms Triona Quill:

I would distinguish between European legislation, such as the audiovisual media service directive referred to by my colleague, and this domestic legislation. European legislation applies throughout the European Union. For example, we will regulate Facebook and Google, insofar as they fall within that directive, for all content throughout Europe because those companies are established here. However, the digital safety commissioner Bill is national legislation. If content impacts on an Irish citizen but the company involved is not established in Ireland there are real concerns about how, or if, it could be brought within the scope of this legislation. We have sought advice on this matter from the Attorney General, because extra-territoriality is a factor. Irish law may not reach into that area for those companies. Unless Europe legislated for something similar to a digital safety commissioner, it will have no reach under this legislation. Europe is moving more in that direction in terms of criminal and illegal content - a new terrorism regulation is being discussed at the moment - but it has not begun discussions about content of this nature. There are certainly extra-territoriality issues to be considered in respect of this Bill, and a discussion to be had as to how far it can or should apply under Irish law.