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

Dara Calleary: I move amendment No. 49: In page 49, line 2, to delete “199(1)” and substitute “201(1)”.

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

Dara Calleary: I move amendment No. 50: In page 49, after line 37, to insert the following: “(7) Where, at any time after the commencement of an investigation pursuant to a direction under subsection (1), Coimisiún na Meán makes a communication under Article 58(5) relating to the suspected contravention which is the subject of the investigation, the Commission shall as soon as is...

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

Dara Calleary: I move amendment No. 51: In page 54, line 10, to delete “and”.

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

Dara Calleary: I move amendment No. 52: In page 54, line 14, to delete “authority.” and substitute “authority, and”.

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

Dara Calleary: I move amendment No. 53: In page 54, between lines 14 and 15, to insert the following: “(f) any views communicated by the European Commission under Article 59(3).”.

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

Dara Calleary: I move amendment No. 54: In page 55, to delete lines 1 to 4 and substitute the following: “(8) This subsection applies, in the case of a report under this section, to— (a) any views communicated by the European Commission under Article 59(3) in relation to the matter to which the report relates, and (b) any views of Member State Digital Services Coordinators that Article...

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

Dara Calleary: Yes, absolutely.

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

Dara Calleary: I move amendment No. 56: In page 57, between lines 9 and 10, to insert the following: “(7) Where, after the authorised officer has complied with subsections (6)and (7) of section 51, the European Commission under Article 59(3) communicates its views and requests the matter to be reviewed, the Commission— (a) shall give the inquiry subject notice in writing of those views...

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

Dara Calleary: I move amendment No. 57: In page 58, between lines 21 and 22, to insert the following: “Decision following joint investigation to which Article 60 applies 58.(1) A decision under section 57, where the report referred to in subsection (1) of that section relates to a joint investigation to which Article 60 applies, constitutes the preliminary position referred to in that Article,...

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

Dara Calleary: I move amendment No. 58: In page 59, to delete lines 24 to 27.

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

Dara Calleary: I move amendment No. 59: In page 60, to delete lines 18 and 19 and substitute the following: “(4) A person who— (a) without reasonable excuse fails to comply with a request under subsection (3), or (b) in purported compliance with a request under subsection (3), gives to the Commission information which the person knows to be false or misleading in any material respect,...

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

Dara Calleary: I move amendment No. 60: In page 62, between lines 6 and 7, to insert the following: “(m) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;”.

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

Dara Calleary: Before we conclude, I wish to formally advise the committee of my intention to bring forward further amendments on Report Stage. The amendments are necessary to correct a small number of cross-references in the Bill, where one section of the Bill cites another section. They are basically typographical and they do not impact on the policy or principles of the legislation. However, the Bills...

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

Dara Calleary: I do not know. I know there is engagement with the platforms and that might be something worth pursuing with John Evans, were he to come to the committee. There is definitely engagement. As I said, we have already initiated part of the DSA with some of the platforms, and part of their responsibilities on the DSA was initiated on the night of the riots in Dublin. We will try to get some...

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

Dara Calleary: We will take a look and see what we can do in regulation. We will try to put all of the amendment into a graphic ahead of Report Stage.

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

Dara Calleary: I move amendment No. 22: In page 23, between lines 20 and 21, to insert the following: “(c) by the substitution of the following subsection for subsection (4): “(4) A person who— (a) without reasonable excuse fails to comply with a request under subsection (3), or (b) in purported compliance with a request under subsection (3), gives to the Commission...

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

Dara Calleary: We had a previous discussion about how there is a high bar in order to be qualified as a trusted flagger. We looked at that. Trusted flaggers have to be independent of any online platform. They are obliged to be objective. They are obliged to be accurate when submitting notices. Every trusted flagger which has that status will have to publish an annual report that outlines its activities...

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

Dara Calleary: I move amendment No. 36: In page 41, between lines 19 and 20, to insert the following: “CHAPTER 3 Miscellaneous Orders to act against illegal content 198. (1) Where an authority in the State issues an order to act against one or more specific items of illegal content under Article 9(1), the authority shall ensure that the order meets the conditions specified in Article 9(2). ...

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

Dara Calleary: I move amendment No. 48: In page 48, line 32, to delete “section 199(2)” and substitute “section 201(2)”.

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

Dara Calleary: I move amendment No. 55: In page 55, between lines 12 and 13, to insert the following: “Information about decision process following joint investigation to which Article 60 applies 52.In the case of an investigation pursuant to a direction under section 45(1)which is a joint investigation to which Article 60 applies, the authorised officer shall, not later than the time when he or...

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