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Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: That was not my intention at all.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: Having read the request to waive pre-legislative scrutiny and having gone through the heads of the Bill, I raised a concern. I think we need to get some advice about what we can do in this instance.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: I do not have a problem with that either. As I said, my request was off the back of the correspondence received to date.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: We can have this discussion on a without prejudice basis, but my concerns still exist and I will link in with the Chair after this to make sure we are doing this in the most appropriate way. I am really conscious of how important it is not only that we get this done but also that we get it right, and I am just not convinced that this is in the right place. The policy responsibility, as Ms...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: If this legislation were to come through this committee, we would assign responsibility to the media commission as the competent authority, over which the Minister who oversees this Department, which will oversee the registration, will have no role.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: It might be a similar model but we could have a debate all day about how well it works. Does Ms Greene see where the complaints are coming from?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: Ultimately, the person who has overall responsibility will not be the Minister involved. I have a concern about that. I have more general concerns on the back of Ms Greene's submission. When the DSC is established, however that happens, under the legislation, that person or that office will become the lead EU authority with respect to the European Digital Services Act. Is that correct?...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: How would that work? The European Commission has the right to take over the case, but who flags it to the Commission? How does that-----

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: When Ms Greene says it can rely on us, does she mean the Media Commission?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: The Media Commission can rely on-----

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: Ms Greene is satisfied that the Minister would be satisfied that would happen. The committee has no knowledge of the level of resources the Media Commission has, how it functions or how it can take on this work. It strikes me that this is incredibly important, and it would really suit people who want to be able to circumvent the rules. I am not suggesting anyone would, but if someone were...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: We would want to start from the best possible place. I understand the need for this to be done in a timely manner but I am more persuaded by the argument that we have to get this right, which I think is more important. Speed cannot be allowed to trump perfection in this instance. I went through it earlier and I have some notes. On head 7 on notification orders to take down content, how...

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: This digital services Bill will place new obligations on the online platforms.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: The regulation will place additional responsibilities on them. How is that going to work in terms of compensation in cases of financial fraud? Will it be the job of the media commissioner to pursue money? How will it work?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: Ms Greene mentioned that issues would be flagged up. In head 10, there is a reference to trusted flaggers, which is a bit of an odd term. Are these trusted flaggers only going to look for illegal content? Is that their function? Who will they be?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: How does someone apply to be a trusted flagger? Who does the interviews?

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: It is not clear how that will happen. I understand there will be a process but, as it stands, Coimisiún na Meán does not have any kind of process like that. It will be expected to devise it.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: The statutory power it will have in this area will not kick in until 17 February.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: It does have the statutory power to do this at the moment.

Joint Oireachtas Committee on Jobs, Enterprise and Innovation: General Scheme of the Digital Services Bill 2023: Discussion (19 Apr 2023)

Louise O'Reilly: This comes back to my original point. I have no knowledge of Coimisiún na Meán. I do not know if it has the capacity or capabilities to do this work. I do not know if it is interested in doing it or anything about it at all because all of that discussion happened at another committee - in-depth, as I understand - over a period of months. We have come full circle. I see that the...

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