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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...

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

Alice-Mary Higgins: Yes, I would.

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

Alice-Mary Higgins: I am looking forward with great hope and interest in respect of the legislation that might be brought by the Minister of State, Deputy James Browne. I will certainly engage with him on that. However, me experience in this House means I generally seek to put measures on a train that is already moving, as it were, rather than the one that may be coming down the line. In general, that is why...

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

Alice-Mary Higgins: Yes.

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

Alice-Mary Higgins: I move amendment No. 81: 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 speculative financial activities which pose a risk to a person, including the trading of cryptocurrencies.”.

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

Alice-Mary Higgins: I second the amendment.

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

Alice-Mary Higgins: I second the amendment.

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

Alice-Mary Higgins: I have a couple of amendments in this section. Amendments Nos. 86 and 87 deal with similar concerns but are possibly more serious in terms of the problems with the language as it is construed. I refer to the ambiguity around addressing what is or is not offensive. Amendment No. 87 addresses specific concerns. The provision at the moment gives undue weighting to the question of a person's...

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

Alice-Mary Higgins: I move amendment No. 87: In page 52, between lines 16 and 17, to insert the following: “(i) with due sensitivity to the subject matter and the audience,”.

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

Alice-Mary Higgins: I thank the Minister for engaging on this important issue. People from right across Ireland have raised this issue with me. Senators Sherlock, Pauline O'Reilly and other Senators also have raised this matter with the Minister. I am grateful for this amendment as it sets the ground for us to move forward. The amendment is important given the significant public health implications and the...

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