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Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 91: In page 48, line 21, to delete “€2 million” and substitute “€500,000”. The concern here is that in respect of the relevant media service provider, the threshold is quite high in that it is only those with annual sales of greater than €2 million that are considered to fall under this remit. I propose that the annual...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: Is this €2 million threshold applied in other jurisdictions? Ireland differs from countries that may have a very large market and a very large population.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I still have a concern on this issue but I wish to inquire into how it has been dealt with elsewhere. I appreciate that there are other categories under which persons can become relevant media providers. I am not going to press the amendment at this point but I will return to it on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 92: In page 49, to delete lines 14 and 15. I understand that the intention here, an intention that is shared by many of us present, is to address through the legislation certain matters. I have highlighted the issue of harmful content and, as the Minister will be aware, I have also advocated for addressing harmful conduct. There are concerns, however, in respect of...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: The Minister has described her concern that amendment No. 93 would have too wide an application but, as worded as the moment, the language has that potentially very wide application. There is no indication in terms of what will be determined as reasonably causing harm or offence. Would harm include harm to interests? Would a documentary that exposes bad practice by a particular actor or...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I accept that.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I withdraw amendment No. 92.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 93: 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,”. I will withdraw the amendment and reserve the right to turn to the issue on Report Stage.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 94: In page 49, to delete lines 27 and 28. This is a concern I have in terms of the wideness of the language. Section 46J(1)(e) prohibits the broadcast of, "anything ... tending to undermine the authority of the State". That language is extremely wide. I know it is taken from the Broadcasting Act 2009 but we are making new legislation. The language was not...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: The Minister outlined what might be the appropriate language. In the Constitution, this language is very carefully caveated. That is what I meant by taking a small section, but out of context. The Constitution realised the risk of an over-interpretation of the undermining of the State clause. It therefore has the language which says: "preserving their rightful liberty of expression,...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 95: 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: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 97: In page 50, between lines 34 and 35, to insert the following: “(4A) Subsection (1) should not be interpreted as constraining a broadcaster or a relevant media service provider from appropriate examination, investigation, interrogation, debate or questioning in respect to news or current affairs which— (a) concerns public policy, or (b) the...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: My concern remains. This is about the treatment of current affairs. I object somewhat to the framing of current affairs in such a narrow way. That is a concern, even culturally, in that current affairs is framed as the fight of the moment. I accept the Minister's caveats in respect of the Broadcasting Act, but I am concerned that we are missing the opportunity to strengthen and improve...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I will withdraw the amendment and return to it later.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 98: In page 51, to delete lines 1 to 4 and substitute the following: “(6) The Commission may seek a derogation in whole or in part from the requirement in subsection (5) in the case of a sound broadcasting service, if the Commission is satisfied that the derogation would be beneficial to the listeners of the service, with such a derogation being for a...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I thank the Senator for those points. I add my voice in terms of thanking and acknowledging the Minister in the context of the interventions and support. She will be aware that I engaged with her office on the issue of local radio in particular and the really important role it played and plays, particularly during Covid, but also its wider role. I am speaking about this issue of news and...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I have nothing against any radio stations. They all do their different work. Will the Minister address the first part? I am looking to how we can progress this. I accept the Minister's point on the committee and will not press that element. As I intend to return to this on Report Stage, I would appreciate it were the Minister to clarify her view on the question of a time limitation....

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: Because I accept the Minister's point on the committee, I will not press the amendment but I will bring and press amendments in respect of the derogations. The case was made eloquently by Senator Cassells concerning the danger of slippage into media and broadcasting solely as a product, rather than with a public good purpose. This legislation is meant to transpose the audiovisual directive,...

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 99: In page 51, between lines 13 and 14, to insert the following: “(1A) The inclusion of advertisements under subsection (1) shall be subject to such restrictions and regulations as may be set out in the relevant media service code.”. As this is an area of some discussion, I will withdraw and reserve the right to reintroduce.

Seanad: Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed) (11 May 2022)

Alice-Mary Higgins: I move amendment No. 101: In page 51, line 17, to delete “end” and substitute “purposes”. I will withdraw the amendment as this is an area of ongoing engagement.

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