Oireachtas Joint and Select Committees

Wednesday, 19 January 2022

Joint Committee on Tourism, Culture, Arts, Sport And Media

EU Digital Services Package and the Online Safety and Media Regulation Bill: Discussion

Ms Tríona Quill:

On overlap between the online safety and media regulation Bill, the DSA and the DMA, the DSA is not going to replace the audiovisual media services directive, AVMS. We still have to transpose that, and that is what the online safety and media regulation Bill is doing. The European Commission sees them as complementary. It is not to say that there will not be some areas that will need to be teased out to provide absolute clarity about how they are being dealt with, but if something comes under the AVMS but not under the DSA, it does not mean it will suddenly stop having effect. They are intended to be complementary systems.

I would also say that we have sought to design the online safety and media regulation Bill so that it is as flexible as possible. As the Deputy is aware, it sets out the framework, but a lot of the detail is going to be worked through online safety codes the media commission will put in place. The designation of services other than video-sharing platforms that are automatically in scope will not happen until the media commission is established. It means there is a bit of flexibility in terms of the online safety and media regulation Bill to allow for changing circumstances so that codes and designation can reflect changes that happen over time.

I would say that some of the syncing between some of the different pieces of legislation will happen in implementation by the media commission and by other regulators rather than necessarily all through primary legislation, for example. There will have to be close working together between regulators and various regulatory regimes, but the devil will be in the detail.

The question of the other platform, gatekeepers, data and whistleblowers might be more for Ms Greene.