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Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: There are, but I think there is scope for discussion.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 28: In page 35, between lines 9 and 10, to insert the following: “(3A) An Non-Government Organisation who apply for vetted research status under Article 40(8), shall be deemed to be an application under subsection (1) pursuant to a public interest mission recognised by a Member State under Article 2(1), of Directive (EU) 2019/790.”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 29: In page 35, line 23, after “decision” to insert “and shall publish the reasons for refusal on their website”. The grouped amendments are fairly straightforward. I think it is in the public interest to know who is applying for the status of vetted researcher and trusted flagger. It is important to know who has been approved and who has...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I am not persuaded by that answer. I genuinely do not think that would act as a disincentive. I will withdraw these amendments and consider them. I will likely resubmit them on Report Stage. I see the point the Minister of State is making but it does not strike me that that is going to be an issue. To me, the publication is about maximum transparency. It is also interesting that we would...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 31: In page 37, between lines 7 and 8, to insert the following: “(2A) The Commission shall ensure the status as a trusted flagger is not awarded to an entity which is partisan and seeks the status as a trusted flagger as means of controlling or influencing content.” I apologise for the use of somewhat inelegant language. The word...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I imagine it was. I was not really apologising to the Minister of State personally. In any case, it is probably not the most elegant word to use but I included it to reinforce the point I am trying to make. The role of the trusted flagger is massively important and it is one of the most important roles outlined in this legislation. At its core, the trusted flagger will ensure a safe,...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Unsurprisingly, I am not convinced that my concerns are captured within the Bill as it stands, and we will just take that as a given. I have a very serious concern about this and about the potential abuse of the trusted flagger status. Nonetheless, I welcome the wording, some of which goes some way towards assuaging that concern. In terms of an entity that is partisan but respected, I am...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: When the Minister of State says that the digital services co-ordinator can investigate trusted flaggers, how will that be initiated? Could that be off the back of a complaint from a member of the public?

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: Okay. Is it the case then that a member of the public would not be precluded from doing it? Are we leaving it to the digital services co-ordinator to initiate these complaints, or can be they be prompted by a complaint?

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: They can be prompted by a third party. That is okay. I have a feeling I will resubmit these amendments, but I will withdraw them this morning on the basis that we will have an engagement between now and then, although not necessary on this. I am not sure we will come to an agreement on it. I will withdraw the amendments in order, as appropriate, with a view to coming back on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 32: In page 37, line 14, after “decision” to insert “and shall publish the decision on their website”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 33: In page 37, between lines 16 and 17, to insert the following: “(6) The Commission shall establish a database of trusted flaggers, including aggregate details of complaints, including unsuccessful complaints, to be published publicly on a yearly basis.”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 34: In page 37, line 20, after “revocation” to insert “and shall publish the reason for revocation on their website”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 35: In page 37, between lines 34 and 35, to insert the following: “(3) The Commission shall establish a mechanism for third parties to lodge complaints regarding the actions and workings of trusted flaggers.”.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: No, it is a very useful suggestion.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 38: In page 41, between lines 25 and 26, to insert the following: “(3) The Commission shall ensure that fees for different classes of application or review request are not prohibitive.”. Again, this is in relation to the trusted flagger. It is fairly straightforward. It asks that: "The Commission shall ensure that fees for different classes of...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: There would not be a massive profit in it for Coimisiún na Meán or anybody else but it still might act as a disincentive. We spoke earlier about the publication of names online in terms of people who were denied trusted flagger or trusted researcher status. This is the same thing. The Minister of State spoke about the need for there not to be disincentives. High fees would act...

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I will withdraw the amendment on that basis. I thank the Chair.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 41: In page 46, to delete line 31.

Select Committee on Jobs, Enterprise and Innovation: Digital Services Bill 2023: Committee Stage (17 Jan 2024)

Louise O'Reilly: I move amendment No. 42: In page 47, to delete lines 10 to 12.

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