Patrick O'Donovan (Limerick, Fine Gael)
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9. To ask the Minister for Communications, Energy and Natural Resources if he has considered introducing guidelines, regulations or other legal instruments to cover the issue of user generated content being broadcast on TV, radio or other broadcast platforms; and if he will make a statement on the matter. [51568/13]

Patrick O'Donovan (Limerick, Fine Gael)
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This question relates to the broadcast of unsolicited texts, tweets and emails from sources that are not substantiated in the broadcast media and the implications this has, in particular, for those operating in a political context.

Pat Rabbitte (Dublin South West, Labour)
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The Broadcasting Authority of Ireland is the statutory independent body responsible for regulation of the broadcasting sector which includes oversight of compliance of all broadcast content, including user generated content broadcast on television and radio. In line with its responsibilities in this area, the BAI already has in place a number of codes, including the code of fairness, objectivity and impartiality in news and current affairs and the code of programme standards, with which broadcasters are required to comply in regard to content being broadcast on television and radio. The monitoring and enforcement of compliance by broadcasters with these codes are matters for the compliance committee of the BAI which is also independent in its functions. With regard to Internet-based platforms, the BAI does not have any regulatory power in respect of online content, including user generated content made available online by broadcasters. I have asked my Department to discuss this issue with the BAI to see how, if possible, it might be addressed in so far as it relates to broadcasters.

More generally, social media and other platforms to which the Deputy refers are online platforms that allow people to create, share and exchange information and to comment among themselves in virtual communities and networks. To date, these media have not been subject to a formal regulatory regime akin to that used to regulate traditional radio and television broadcast media, either in Ireland or other jurisdictions. There is a range of reasons for this, not least the rapidly evolving nature of the technologies involved, the sensitivities around regulating media and the multi-jurisdictional nature of the Internet.

There are no simple answers to the challenges posed by the development and abuse of social media and user generated content on online platforms, not least because of the international basis of the services and because any possible policy response falls across a number of Departments. In recognition of this complexity, my Department maintains open and regular contact with all Departments and State agencies with responsibilities in this area. My Department also monitors international developments with a view to ensuring domestic policy within its remit reflects best practice and that the regulatory framework is amended, as necessary.

Patrick O'Donovan (Limerick, Fine Gael)
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I accept the fact that social media in general are a force for good. However, my issue is with broadcasting first party comments by third parties through tweets, text messages and so on, especially for persons operating in a political context.

I note from one of the Minister's previous contributions that a comment was attributed to him by a national broadcaster and he was not even in the studio at the time. In a recent election an unsolicited tweet had a major impact on the result. I accept what the Minister said about the compliance element and the BAI's role in this issue, but given the fact that we are in a changing environment in which the broadcast media are behind the curve in the advancement of technology, this matter must be examined. There is a built-in unfairness. If an anonymous person using a platform is broadcast by a national, local or regional broadcaster without any attention being paid to the fact that it could be a hoax tweet, text message or email, the damage can be substantial.

Pat Rabbitte (Dublin South West, Labour)
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I do not disagree with the Deputy. There are inherent pitfalls, but I wonder if it is all that novel. This also happened in the era of the telephone and has gone on in the era of texting. It is remarkable when some interviewees are followed by showers of congratulatory and laudatory text messages praising them to the sky. I am sure it is purely accidental. It is a question of editorial judgment and control. Programme makers ought not broadcast such a communication to which the Deputy referred without first seeking to validate its provenance. There is the same responsibility for social media and online content.

Patrick O'Donovan (Limerick, Fine Gael)
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I accept that "Barry from Balbriggan" could very often be "Sheila from Stillorgan" and that "Sheila" might be working in the press office of a Government or an Opposition party, but that does not take away from the fact that the broadcasters have a responsibility for which there is no regulatory framework. I ask that consideration be given to having a regulatory framework for the third party use of tweets, text messages and online communications, including penalties when they are not corroborated properly.

Michael Moynihan (Cork North West, Fianna Fail)
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This is a fundamental issue. The editors of programmes have scant regard for the origins of communications. They read them willy nilly in all programmes. The editors and presenters of these programmes are ultimately responsible for not verifying tweets and other communications.

Pat Rabbitte (Dublin South West, Labour)
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It is a matter of editorial control. I appreciate that the media, for example, have a tendency to recognise qualities in politicians who, for example, leave their party that they never recognised while they were in the party. RTE implemented new guidelines after the presidential election and these guidelines are invoked. The BAI's code of practice was also published after the presidential election. Steps have been taken to deal with this phenomenon. However, no country I know of has satisfactorily attended to the issue and I do not dispute the substance of Deputy Denis O'Donovan's question.