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Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: Regardless of who it comes from?

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: Okay. that is fine.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 40: In page 22, between lines 6 and 7, to insert the following: “(2A) Of the members of the Commission, one or more of them shall be designated by the Minister as the Commissioner(s) with responsibility for Online Safety, to be known as the Online Safety Commissioner(s), who shall oversee the regulatory framework for online safety, including, inter...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 41: In page 22, between lines 9 and 10, to insert the following: “(3A) In performing their functions under subsection (3), the Public Appointments Service and the Minister shall seek to ensure that the Commission has an appropriate balance of knowledge of, and expertise in, the following: (a) arts and culture; (b) data protection and digital...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: These amendments seek to address two sets of concern. One related to membership of the commission, a set of measures to ensure there would be a diversity in the membership which represented the diversity in society. The other concerns were that there would be appropriate skills and an appropriate balance of those skills among those constituting the commission. We highlighted a third issue...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: Amendment No. 42 does not set the bar as a hard requirement but rather "endeavour to ensure". There are a number of ways that could be addressed that would not require the advertisement of a position solely to men or women. An endeavour might apply in a situation where there might have been a majority of members of the commission who were of one gender that the Public Appointments Service...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 42: In page 22, between lines 9 and 10, to insert the following: “(3A) Where recommending to the Minister persons for appointment as members of the Commission, the Service shall endeavour to ensure that among the membership of the Commission there is an equitable balance between men and women.”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I will be very brief in welcoming the Minister's acceptance of what was a constructive point. The words "effective", "efficient" and "economical" are all doing very different work and bring different considerations to bear. The word "effective" is probably one of the most important. I am really happy that it has been inserted. I thank the Minister for taking that point on board in good...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I thank the Minister for taking on board. It is appropriate in terms of amendment No. 62 that such agreements would go before the joint committee. I particularly welcome amendment No. 60, which strengthens our proposal in that we had looked to the strategy being laid before a specific committee. Under the Minister's proposal, it may be laid before such committees. Again, it may be the...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 63: In page 38, line 3, after "data" to insert ", where necessary and proportionate,".

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: Amendment No. 63 relates to the transferring of data to other bodies. It tries to underscore and specifically reference the necessity and proportionality requirement, which is a key principle of the general data protection regulation, GDPR. The GDPR is referenced elsewhere, but with this amendment I am trying to underscore that in the context of the transfer of data to other bodies. Again,...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 73: In page 42, to delete lines 18 to 23. Amendment No. 73 seeks to delete the lines in the Bill which would exempt members of the commission, or those contracted by the commission, from having to make a disclosure of conflict of interest where it relates to the granting of a contract of service or a contract of employment. Is this amendment grouped?

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: This amendment arises in respect of the work of the commission, because there is likely to be some work which will be quite specialised. For example, we know that certain online practices, even the use of recommender systems and so forth, may be required to be regulated. As this is a fast-moving area, there may well be a contract of service where the experts who are hired by the commission...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I appreciate that it may need more nuance as an area but I believe it is one that merits some further examination as the Bill proceeds to the Dáil. I will not be pressing this amendment at this time.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 74: In page 48, line 21, to delete “€2 million” and substitute “€1 million”. Amendment No. 74 looks to change the definition of a "relevant media service provider" as one whose annual sales are greater than €1 million rather than the current provision of €2 million. This is a revised version of a Committee Stage...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 75: In page 49, to delete lines 14 and 15. We made very constructive progress over the course of the debate on this Bill and there are a number of areas where the Bill has been very much strengthened and improved. However, this is an area which I believe requires greater and further consideration. I am aware that this is a difficult area to address but it needs to...

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 76: In page 49, to delete lines 14 and 15 and substitute the following: “(a) anything that may reasonably be regarded as causing harm to a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter,”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 77: In page 49, to delete lines 27 and 28 and substitute the following: “(e) anything which may reasonably be regarded as an offence under the Offences Against the State Act 1939.”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: I move amendment No. 80: In page 51, between lines 21 and 22, to insert the following: “(2A) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which seeks to promote gambling.”.

Seanad: Online Safety and Media Regulation Bill 2022: Report Stage (11 Jul 2022)

Alice-Mary Higgins: Amendments Nos. 80, 81, 93, 94, 109 and 110 all seek to require that online safety codes and media service codes, respectively, would prohibit or restrict advertisements for gambling and cryptocurrency. On Committee Stage, I combined the two issues of gambling and the promotion of speculative financial activities such as cryptocurrency. I believe they are very strongly linked. In...

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