Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

Gabhaim buíochas leis an gCathaoirleach Gníomhach agus le gach Teachta a bhí páirteach sa díospóireacht seo, go háirithe leis na Teachtaí a léigh an Bille agus a bhí ag caint faoi cad a bhí sa Bhille, thar aon rud eile.

I re-emphasise that the purpose of the Digital Services Bill is to provide for full implementation in Ireland of the EU regulation on a single market for digital services. This Bill will be an indispensable component of a pioneering regulatory framework to protect EU users' digital services and their fundamental rights online. The framework will rebalance the responsibilities of users, online platforms and public authorities, and will place citizens at the centre.

The regulatory framework represents a sea change in the EU's ability to protect society from illegal and harmful content and disinformation. Many Deputies have spoken today about the events in Dublin some weeks back. It is important so say that while we are implementing the legislation, the first time that some of the provisions under the EU Digital Services Act were used in terms of Coimisiún na Meán being able to contact the European Commission to seek its assistance in getting stuff taken down was through this regulation, which will be empowered by this Bill. Some Deputies who were calling for action now oppose the Bill that would empower such action. It is important to point that out.

Many Deputies have raised issues around the resourcing of that. Coimisiún na Meán and the CCPC have been allocated extra money in next year's budget to do that. We have allocated €2.7 million for 2023 to set up the DSC function, or the digital services function, in Coimisiún na Meán. This funding has increased to €6 million for 2024, when it will be fully operational. The CCPC's Exchequer funding has significantly increased in recent years, in light of its additional functions.

This will enable the continuing recruitment of people with the necessary technical, legal and regulatory skills for an coimisiún to carry out its function as the Irish DSC and for the CCPC to do so as the competent authority.

I emphasise again that the Digital Services Bill 2023 is a technical Bill. It is necessary to give effect to the supervision and enforcement provisions of the EU regulation. It neither adds to nor alters the obligations of intermediary service producers under the EU regulation. The Bill ensures that rights and protections provided for in the EU digital services regulation will be rigorously asserted in Ireland for the benefit and protection of Irish users of digital services. It is mandatory under EU regulations for member states to give effect to these national provisions by 17 February next.

I thank all Deputies for their co-operation this evening. I look forward to engaging with them on the amendments. I thank the Office of the Attorney General, the Office of the Parliamentary Counsel and, in particular, officials from the Department, who are in the Chamber and the Gallery this evening, for their extraordinary commitment to getting this Bill over the line in this timeframe. I wish to acknowledge that commitment.

To look at some of the issues raised, I thank Deputy O'Reilly and Sinn Féin for their support of the Bill. I look forward to working with them on the amendments they wish to put forward. I note Deputy O'Reilly's comments on the application of the DSA in the context of freedom of speech. That was the theme from several Deputies regarding the removal of content. The DSA puts freedom of speech at its centre and provides users with a right to complain if their content is removed, with the right to access out-of-court dispute mechanism bodies if the matter is not resolved and with an appeals process. The requirement for very large online platforms to undertake risk assessments yearly and to take mitigating measures associated with identified risks is a key tool of the DSA. They must be audited independently and the European Board for Digital Services, which will be made up of the digital services co-ordinators of all 27 member states, will report each year on prominent and recurring risks and best practice to mitigate those risks. Regarding vetted researchers, as raised by Deputy O'Reilly and a number of Deputies, the DSC in the country of the very large online platform's headquarters verifies vetted researcher status. This will be done by Coimisiún na Meán for researchers who wish to access data for VLOPs here. Public research bodies will also be able to access data.

I thank Deputy Nash and the Labour Party for their welcome of the Bill. I will engage with them. He mentioned several companies. I do not want to cite any particular company but companies designated as VLOPs will have to comply with the DSA or face the wrath of fines or the rigorous processes that go with this measure. That will have an effect on their shareholders and board to the extent of the fines. He also raised the resourcing of Coimisiún na Meán and the CCPC, which I have already dealt with. On the connections between Coimisiún na Meán and the CCPC, they already have a strong working relationship. Both are part of the digital regulation group. They have initiated a workstream to prepare a co-operation agreement which will facilitate effective collaboration in this context. We will watch this matter closely.

Deputy Ó Murchú raised issues around the staffing and resourcing of Coimisiún na Meán. We established Coimisiún na Meán and gave it its functions early in this process. We are one of only two member states that have designated a DSC. Now it is designated, resourced and employing staff, it will hit the ground running from 17 February, once this legislation is passed.

I thank Deputy Cathal Crowe for his remarks. The DSA is a key step in addressing the online world and regulating it. I think he used the phrase "the wild west of technology". This legislation will put much more onerous roles on providers that are larger entities, which are resourced to do it, and the services they use. It will rein in some of the platforms.

Deputy Catherine Murphy raised resourcing, about which I have already spoken. We prioritised funding to prepare and to allow Coimisiún na Meán to do its work effectively.

Concerning algorithms, which several Deputies raised, a new European Centre for Algorithmic Transparency, ECAT, was established in April 2023. This provides scientific and technical expertise to the European Commission, which supports the enforcement of the DSA. It is envisaged that ECAT will review the risk assessments and audits carried out by VLOPs and VLOSEs. It will carry out research into the impact of the algorithmic systems used by online platforms and search engines. Deputy Boyd Barrett spoke about the power balance. The essence of this Bill and the Digital Services Act is to balance this relationship. The designation of VLOPs is based on the number of service users as a potential population. The strongest obligations are on the largest companies. That will be monitored all the time. As new companies come on the scene, as they invariably will, they too will fall within the remit, if they meet the numbers. No VLOP that is designated as such will be exempt from the DSA, regardless of what it is.

Several Deputies raised the online environment and the negative impacts it has on citizens and consumers. The DSA specifically focuses on limiting the level of illegal content but also on goods and services, which have been somewhat forgotten in the debate. This will bring regulation to the marketplace. This Bill puts in place the necessary measures in our national legislation, which will allow Ireland to take up its role in regulating providers to ensure that illegal content, goods and services are controlled, for once and for all. On offences online, the Garda also will have additional resources and powers.

Deputy McGuinness raised the real issue of fraud and digital technologies. The DSA is specifically focused on providers of online intermediary services rather than the wider gamut of digital technologies and services and related enterprises. It is an important issue. We will focus on it but it is the role of An Garda Síochána to prosecute.

Deputy Shanahan referred to the important role Ireland will have in the European space in this area. That is why we have put such a level of resources into Coimisiún na Meán, to ensure it has the power to do the work necessary.

Deputy Tóibín raised concerns around freedom of speech and censorship, which were also the concerns of some members of the Rural Independent Group. The DSA is putting the protection of freedom of expression at its core. This includes protection from what people may see as Government interference in their freedom of expression and information. The existing horizontal rules against illegal content have been carefully calibrated. They are accompanied by robust safeguards for freedom of expression and an effective right of redress to avoid both under-removal and over-removal of content on the grounds of illegality. The DSA will give users the option to contest decisions by an online platform to remove their content, including when these decisions are based on platforms' terms and conditions. Users can complain directly to the platform, choose an out-court settlement with a dispute settlement body or seek redress before the courts. The DSA proposes rules on transparency of content moderation decisions. For VLOPs and VLOSEs, this will provide users and consumers with a better understanding of how these platforms impact our societies. VLOPs and VLOSEs will be obliged to mitigate those risks, including to freedom of expression. They will be held accountable through independent auditing reports and public scrutiny. If people are afraid of independent auditing and public scrutiny, they are entitled to oppose the provisions of this Bill. If they want the online world to continue as it is today, as has been spoken about by many Deputies, without any control, they will oppose this Bill. Those who want to bring control into this space can support this Bill and work at committee level to strengthen it.

Deputy Tóibín and several Deputies also raised the issue of minors.

The Digital Services Act introduces a range of obligations, including requirements for most online services to complete risk assessments on the exposure risk of all of their users to illegal online content, and the exposure of children and young people to age-inappropriate content. These services must then address this risk of exposure through a range of mitigation measures. In order to facilitate age verification, the European Commission is committed to working with member states to promote EU standardisation in order to strengthen effective age verification methods. The Commission has, in particular, committed to facilitating a comprehensive code of conduct on age-appropriate design by 2024, and has indicated that the code could provide for age verification for accessing certain online content. The suite of regulations and initiatives will go a long way to reduce the exposure of our children to harmful online content, and when fully implemented in the coming period will keep them safer online. Again, that is happening because of the Digital Services Act.

I thank Deputy Bruton for his contribution. As always it was real and focused, and acknowledged that the Digital Services Act is the first significant step in addressing the issues, while also being clear about the limitations of the Digital Services Act and how much more we have to do.

Many Deputies raised issues about trusted flaggers. The job and role of a trusted flagger will be to flag illegal content - not objectionable content. The trusted flaggers will have to publish information every year on what they have done in terms of reported notices. They will have to publish information on the type of illegal content, the provider, the response and the action taken by the provider. Coimisiún na Meán can investigate a trusted flagger on its own initiative, on information received from a third party, or if a provider reports them. The list of trusted flaggers will be published by the European Commission.

To those Deputies who spoke about everything else that had nothing to do with the Bill, I will once again be clear that this is a technical Bill and it relates to the Digital Services Act, which is an EU regulation. It is implementing the measures required in national law to give effect to the Digital Services Act and to increase and enhance the protections available to our citizens, including our children, from what is happening online.

I look forward to Committee and Report Stages. The reality is that as a country we used the Digital Services Act in response to the events in Dublin some weeks back. We will use it again to protect our citizens, not just online but from the consequences in the offline world of online activity. It is a fantastic power that we have. It is not censorship. It is not about hate speech. It is a technical Bill that will result in the protection of our citizens and our businesses. I propose the Bill to the House.

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