Dáil debates

Friday, 24 January 2014

Report of Joint Committee on Addressing the Growth of Social Media and Tackling Cyberbullying: Motion

 

11:15 am

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour) | Oireachtas source

I thank the chairman, Deputy O'Mahony, and his committee for addressing an immensely important and very complex subject in a very thoughtful way. I congratulate the committee on a well-considered and valuable contribution to the debate on social media and governance. This report is an important milestone, being the first publication on this issue by an Oireachtas committee. It not only addresses the complex nature of social media and of some of its impacts, it will also inform the next step, as we will see. The fundamental reason why this debate exists at all is simple: widespread Internet access has given people great power and reach, the power to access and share information, the power to conduct business or the power and consume media, all in a way that is utterly transformative. It should not surprise us, regrettable though it may be, that there are those who would misuse or abuse this power. Such is human nature.

We must first acknowledge that the Internet is an immense social good, and that to a substantial degree this is due to its free and open nature. It has absolutely and categorically made the world a better place, something that can be said of relatively few inventions. Any measure that threatens these fundamental characteristics of the online world, and method that might stymie or restrict debate or freedom of expression online simply will not work, nor should it be allowed to. More specifically, the consequences of social media have been similarly positive. They enrich and enliven the lives of millions of people around the planet on a daily basis. Moreover, as I pointed out to the committee when I spoke to them, social media are a broad and diverse church. Technically, they can be described as online platforms that allow people create, share and exchange information, and to comment among themselves in virtual communities and networks. In reality the term covers everything from a vast universe of online discussion fora and boards to picture sharing websites and apps.

Just as importantly, social media are categorically not new. They have been around, in one form or other, for at least 20 years, and if we include bulletin boards, more like 30 years. There can be no avoiding the fact that the sector has reached a form of critical mass over the last five or six years and has emerged as a wholly mainstream phenomenon. Online and social media are no longer a fringe concern, the preserve of the early adopter or the technically adept. They are universal and, for young people in particular, they are pervasive. Thanks to smart phones and widespread Internet access, social media are everywhere.

Because we are living through this expansionary phase, it is sometimes easy for us to overlook the extent to which this has reordered some critical aspects of the lives of young people in particular, but these changes have been dramatic already. Regardless of the extent to which the sector will continue to evolve - and it undoubtedly will - the revolution in social media has already fundamentally changed the way people, particularly younger people, interact with and experience media. It has also recast how they engage with society and with their peers, and by all of these means substantially colours their developmental experience.

For the most part, this is a good thing, but as we know and as Deputy O'Mahony has outlined, there are downsides. There are real risks associated with children and young people using social media and the Internet in general. As a State and a society we have a responsibility to protect children. That much is clear but the extent to which the State should, or indeed can, act is much less clear.

The nature of the technology and the rate of change is such that even determining the correct role for the State, for Government, for industry and for users is difficult. The sector is evolving at a pace far in advance of the capacity for reactive short-term policy responses. This question of a measured and appropriate response is complicated immensely by the truly international nature of the Internet and the diverse constitutional and cultural complications this entails for policy makers. The response preferred by one state may not be acceptable or even possible in another yet there can be no "local" solutions to many of the challenges posed. This therefore is a new and rapidly evolving policy space. No country or jurisdiction has cracked it or has found a way to appropriately balance the many issues that arise in this space, most pertinently in the context of today's discussion, such as how we can ensure freedom of speech and access to information while protecting children from content that may very well be harmful to them.

Critically also, we are not starting from the beginning. Many of the questions that arise as a consequence of Internet access in general and social media in particular have been of concern to people as a consequence of other media or technologies. The postal system brought us the poison pen letter, the telephone brought us abusive phone calls, the print industry and then the broadcast media brought us the possibility of age inappropriate viewing of content. This should tell us two things. First, social media is not the first form of media to be portrayed negatively. Concerns inevitably attend every new development in media. Second, while the methods that were used to redress earlier issues may or may not be relevant or useful to deal with newer technologies, an accommodation is always found and the world continues to turn. That is not to say that while we cannot, and indeed should not, attempt to regulate the Internet in a formal way, we should not shirk from looking at existing or new tools in a rational and coherent way to see if we can make improvements.

We are not without means in this case. As social and electronic media in general have been around for an extended period of time, aspects of the legal and administrative system have adapted to some the issues involved. Legal responsibility for measures to deal with harassment and abuse online sits with the Minister for Justice and Equality by means of the same methods used to deal with the same issues in the offline world. Moreover, his Department has established an executive office, the Office for Internet Safety, that deals explicitly with internet safety, particularly in regard to combating child abuse material online.

The Department of Education and Skills has also done some very positive work in ensuring that parents and teachers receive the support they require in terms of understanding the nature of the threats that children can encounter online, including the publication of an action plan on bullying last year detailing a number of concrete measures in this area. Schools and principals continue to make valuable strides in this regard.

A set of robust legal measures in place for defamation, introduced as recently as 2009, covers online comment. Similarly, section 10 of the Non-Fatal Offences against the Person Act 1997 deals with harassment. We have existing mechanisms to deal with the abuse of the postal or telephone system. The Communications Regulation (Amendment) Act 2007 introduced measures dealing with the use of the telephone system to send messages that are grossly offensive, or " indecent, obscene or menacing", or "for the purpose of causing annoyance, inconvenience, or needless anxiety to another person". Other issues, like data protection and cyber-security, have also been addressed on a number of occasions and policy in these areas continues to evolve apace

As Minister for Communications, Energy and Natural Resources, my policy responsibilities with regard to Internet governance flow originally from my role in ensuring the provision of a supportive legislative and regulatory environment to facilitate the development of high quality communications infrastructure and services. However, my Department has also long been engaged in broadcasting and media discussions at an EU and Council of Europe level. In recent years, the focus of these discussions has shifted to online content, specifically on the implications for government, business and citizen of media convergence and of the rise of social and participative media. Unsurprisingly, child safety and protection has been at the forefront of this work. This growing awareness at a European level is mirrored across member states. Our challenges in this area are not unique. Rather, they are universal, and there is much to be learned from examples of best practice elsewhere.

To that end, late last year I established the Internet content governance advisory group, under the chairmanship of Dr. Brian O'Neill of DIT and comprising experts from industry, the legal profession and child protection. This group, which will report at the end of May, has been asked to answer a series of questions on the most appropriate next steps for policy with regard to online content governance. The terms of reference for the group require that particular attention is paid to the report of the joint Oireachtas committee and I trust that the group will consider the recommendations of the committee in depth when coming to a view. As I have already outlined, the nature of the sector is such that several Departments have an active role in the area, and recommendations are likely to have implications across several areas. The group will discuss these issues with other Departments as part of their considerations. In turn, any future policy decisions on foot of the group's reports will be brought forward by several Ministers. The group also launched a public consultation today, and is seeking views from any party on a series of questions reflecting the main themes of its work, namely regulation, governance and Internet safety; bullying and harassment; accessing age inappropriate content online; and education and awareness raising.

I am very grateful to Dr. Brien O'Neill and his colleagues on the advisory group for agreeing to undertake this complicated and important task and am grateful for their time and expertise. The task before the group is not easy. The issues are complex and involve balancing fundamental and constitutional rights with the protection of children and young people. I look forward to an open and representative consultation process and to that end would encourage all those present to make their constituents aware of this opportunity to make their opinions known on these issues.

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