Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I have absolutely no illusions as to the role of trusted flaggers here. Starting with amendment No. 6, the providers of online services are obliged to prioritise notices submitted by trusted flaggers about the presence on their service of specific content or information the trusted flagger considers to be illegal content. It is important, and we had this discussion on Committee Stage, that illegal content is the focus of this Bill and not what might be seen as objectionable. The priority channel for trusted flaggers, and I emphasise this, does not allow trusted flaggers to require its provider to automatically remove content. It means the provider must give priority to the reviewing of notices submitted by trusted flaggers over other notices submitted to it.

The Bill does not provide for Coimisiún na Meán to apply specific criteria for determining who may or may not be awarded trusted flagger status. This is because such criteria are defined in the digital services regulation, and whether an applicant is or is not granted a designation as trusted flagger is dependent on them meeting the set of conditions as are defined in the digital services regulation. We do not have scope to amend this set of conditions. The digital services co-ordinator in each member state has to use the same set of conditions in assessing whether an applicant is to be designated as a trusted flagger. Trusted flaggers will not be the arbitrator of illegal content. It is the responsibility of the provider to make a decision as to whether flagged content is illegal.

On amendment No. 7, and I fully appreciate the Deputy's concerns around transparency, the Digital Services Act, DSA, provides that this type of information will be made available. Trusted flaggers will be required to make an annual return of their activities which will have to be published and be available for people to see.

On amendment No. 8, the digital services regulation already provides that the digital services co-ordinator, in this case Coimisiún na Meán, can open an investigation into a trusted flagger, either on its own initiative or based on information from third parties, including online providers themselves. I am absolutely with the Deputy on the need for transparency and accountability with trusted flaggers. It is provided for within the regulation, and I think in a robust manner. It is also provided for on a pan-European basis.

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