Imelda Munster (Louth, Sinn Fein)
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68. To ask the Minister for Culture, Heritage and the Gaeltacht if she will provide details on the expert group she intends to convene on the matter of an individual complaints mechanism for harmful online content under the online safety and media regulation Bill; and if she will make a statement on the matter. [2802/22]

Verona Murphy (Wexford, Independent)
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69. To ask the Minister for Culture, Heritage and the Gaeltacht the way her Department will manage the upcoming recruitment of the online safety commissioner and the multi-person media commission; if the provision of an individual complaints mechanism for harmful online content will be included in the Online Safety and Media Regulation Bill; and if she will make a statement on the matter. [2805/22]

Imelda Munster (Louth, Sinn Fein)
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Will the Minister provide details about the expert group she intends to convene on the matter of the individual complaints mechanism for harmful online content under the Online Safety and Media Regulation Bill, and will she make a statement on the matter?

Catherine Martin (Dublin Rathdown, Green Party)
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I propose to take Questions Nos. 68 and 69 together.

I will begin by thanking the members of the Joint Committee on Tourism, Culture, Arts, Sport and Media for their work on the pre-legislative scrutiny report on the general scheme of the Online Safety and Media Regulation Bill. The report of the joint committee demonstrated the importance of pre-legislative scrutiny, and Oireachtas committees, to the parliamentary and democratic process.

I recognise that a number of key recommendations of the report proposed provision in the Bill for a complaints mechanism to allow individuals complain to coimisiún na meán about pieces of harmful online content. This is a matter I have been considering closely for some time. The issue of providing for avenues of redress in respect of individual pieces of content in the online world is complex. The approach in the development of the legislation to date has been to provide the online safety commissioner with the power to require that regulated online services have effective complaints mechanisms in place, with powers of audit and investigation provided to the commissioner in that respect. This is part of a systemic approach to online safety regulation which will see the commissioner create binding online safety codes that set out standards that regulated platforms will have to adhere to. The aim of this is to create a safer online environment for everyone. The Bill also provides for a super complaints mechanism whereby nominated bodies may notify the commissioner of concerns regarding a designated online service's compliance with an online safety code, or of concerns relating to the availability of harmful online content on a service.

I am conscious that the introduction of an individual complaints mechanism raises a number of complex practical and legal issues, including in terms of the sheer volume of content online, that Ireland will be regulating a number of services on an EU-wide basis, and of questions relating to due process requirements and how quickly decisions could reasonably be made by the online safety commissioner. In light of the recommendations of the joint committee in its pre-legislative scrutiny report, I am examining how these difficult issues can be addressed. As I announced last week, I will shortly establish an expert advisory group to report within 90 days on these matters, with recommendations for how best to address them. I intend to announce the membership of the group in the coming days. Following the report of the group, I will consider whether and how to give effect to any recommendations through amendments to the legislation on Committee Stage.

Regarding the establishment of coimisiún na meán, it is essential that it has sufficient staff with experience and skills at the appropriate level in order to effectively carry out its regulatory functions. As Deputies will be aware, the commission will have an expansive remit. In the first instance, it will take on the current functions of the Broadcasting Authority of Ireland in regulating both television and radio broadcasters. The Online Safety and Media Regulation Bill provides that the commission will also be responsible for the regulation of video on-demand services and, through the online safety commissioner, for oversight of the new regulatory framework for online safety. The commission will also have roles in respect of the protection of children, research, education, media literacy and journalistic and creative supports. In carrying out these roles the commission will support and promote an open, trusted and pluralistic media and online environment.

Given the importance of the functions and role of the commission, the Government has approved its establishment on an administrative basis prior to the enactment of the Bill. While the Commission will ultimately be funded through levies on regulated services, I secured €5.5 million in budget 2022 for start-up funding to support the establishment of the commission. My officials are working with officials from the Department of Public Expenditure and Reform to start the process of recruiting key staff for the commission. Funding and commencing the recruitment process in advance of the formal establishment of the commission will enable these personnel to hit the ground running and ensure that operations commence at the earliest possible date following the enactment of the Bill.

Imelda Munster (Louth, Sinn Fein)
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Could the Minister outline who will make up the expert group and when it will begin its work? In terms of the timeline, will the group's work affect the passing of the Bill? Will there be a delay?

The Minister will also be aware that the joint committee flagged that the lack of the individual complaints mechanism was a major deficiency in the general scheme of the Bill. There was a prolonged and extensive engagement with stakeholders and the vast majority of them were very much in favour of an individual complaints mechanism. The only ones who spoke in favour of the systemic complaints mechanism were the big tech companies and the major social media companies. Those who spoke in favour of having an individual complaints mechanism included, for example, the Ombudsman for Children's Office, the Children's Rights Alliance, the Irish Society for the Prevention of Cruelty to Children, ISPCC, Safe Ireland, Rape Crisis Network Ireland, CyberSafeKids and the Data Protection Commissioner. The Minister can see that its importance is felt by all those stakeholders.

John Lahart (Dublin South West, Fianna Fail)
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Deputy Denis Naughten is substituting for Deputy Verona Murphy.

Denis Naughten (Roscommon-Galway, Independent)
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I welcome this legislation and the transposition of the audiovisual and media services directive. I was involved in the negotiation of that directive, which also contains measures to protect children. The Minister is to be commended on securing the commitment to appoint an online safety commissioner. It was clear to me, prior to any of the controversies, that this was urgently needed in this country.

I had hoped to do it back in 2018 but due to circumstances outside my control, that did not happen. It must be properly resourced and there must be a mechanism in place allowing people to have their rights enforced. I can give a practical example. A study by The Journalof 70 posts on Facebook, Twitter and Instagram in July last year that were reported by the HSE to the industry regarding misleading information relating to Covid-19 indicated that six weeks later, 53 of the posts had not been taken down.

Catherine Martin (Dublin Rathdown, Green Party)
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The expert advisory group will be examining a proposal that will raise complex legal and practical matters, as I mentioned earlier. For example, in one context there is the complexity in the Irish constitutional and legal context of upholding fundamental rights and respecting due process requirements for complainants, online services and the uploaders of content subject to complaint. From a practical perspective, there are questions regarding the design and resource implications.

For that reason, the expert advisory group I will announce in the coming days will need to be able to draw from a wide and diverse range of expertise and experience. I am seeking: legal expertise, especially in the complexities of regulating the online world; knowledge of and expertise in the operation of complaints systems in other contexts; experience in the protection of children's rights in an online environment; and knowledge of and expertise in practical requirements, such as resourcing and organisation required to operate an individual complaints system.

Imelda Munster (Louth, Sinn Fein)
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How will that delay affect the timeline for the passage of the Bill? The Minister has said we may have to regulate on an EU basis. Has that been absolutely confirmed? Even if that is the case, it should not prevent us from going forward with this. Funding could be sourced through Europe and, of course, the big technology companies could also fund the individual complaints mechanism. Something like that should not deter us. If we are successful in what we are doing, other European Union countries will follow suit. There is no reason we cannot take the lead in this.

Denis Naughten (Roscommon-Galway, Independent)
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The reality is if we do not get this right here, there will be a push at EU level to have an EU-wide regulatory regime, so it is in the interests of the technology industry in Ireland to ensure there is a robust, transparent and well-resourced system in place in this country. That sector should proactively work with the Minister in that regard. I put it to the Minister again that if the HSE in Ireland got a commitment from all the tech companies after the outbreak of Covid-19 that they would proactively take down disinformation and the same HSE cannot get those companies to follow through, what hope does an individual have?

In light of the debate that we had yesterday, Dr. Ian Richardson has published research demonstrating significantly higher levels of abusive messages focused on female councillors and Senators compared to male counterparts. This is being generated by party supporters. What will this Parliament do to ensure that practice is addressed?

Catherine Martin (Dublin Rathdown, Green Party)
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Disinformation is primarily being dealt with through the EU code of practice on disinformation, which is linked to the forthcoming digital services Act. Deputy Naughten is aware that this is still under negotiation. On the question of getting it right, this commission must have real teeth, as it does, including powers of investigation, search warrants, fines of up to €20 million or a percentage of turnover, whichever is more. There is also the possibility of criminal liability and the taking down of the platform.

On the timetable, I hope to move as swiftly as possible with this. It will be initiated in the Seanad and I have written to the committee, of which Deputy Munster is a member, to ask for time for the Bill to be considered. The recommendations of the expert advisory group will be taken account of on Committee Stage. I hope that will help speed up the process.

On the EU-wide base, the major issue is the 450 million people that we would represent if the platform is based in Ireland, as we would be the country in charge of that regulation. That is why all eyes are on us.