Jack Chambers (Dublin West, Fianna Fail)

I thank the Deputy. I start by expressing my condolences to the family of Luke Hyde. It is deeply concerning that the first instinct of some of those present when he tragically lost his life was not to help but to take out their phones and stream the incident. It is a failure of basic human decency to take the view that social media clout is more important than the dignity and privacy of someone in extreme distress in their last moments. When this sort of content is posted, very real harm is done. The trauma of loss that families experience is compounded. There is a real risk that someone close to a victim of a serious accident could find out through online content. These videos are not news. Images captured by the media depicting accidents and their immediate aftermath, typically intended for news purposes, seldom include depictions of bodies to tell their stories.

We routinely hear of An Garda Síochána asking that footage of incidents, particularly tragic accidents, not be circulated. I think we can all support that message. As the Deputy has said, the online media platforms have a role to play in removing the content as quickly as possible. A new, powerful regulator, Coimisiún na Meán, was established by the last Government to enforce accountability in the sector. Platforms are required to assess content and decide whether it is illegal or in breach of a platform's terms and conditions. If the platform fails to apply its terms and conditions, Coimisiún na Meán may review its actions and take action as appropriate. As provided for under the Online Safety and Media Regulation Act 2022, an coimisiún adopted and applied the new online safety code for designated video platforms established in Ireland, including TikTok, Facebook, Instagram and X.

The code sets out what the platforms must do to protect users. In particular, they are obliged to put measures in place to protect children from harmful online content, have age assurance measures where appropriate, and provide parental controls and user-friendly, transparent reporting and flagging mechanisms.

On resources, significant Exchequer funding was provided to support this and an coimisiún has expanded from approximately 40 staff to 200 at present.

Regarding the broader legislative matter of online videos or images that may be put up, the criminal nature of this is a policy matter within the Department of Justice and depending on the nature of such an incident, it may already constitute a criminal offence, for example, a harassment offence under the Non-Fatal Offences against the Person Act 1997. Online social media platforms have an important role to play in removing this content as soon as possible. The longer this material stays online, the greater its reach, the more it can spread and grow and the more harm it causes.

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