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Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I thank the Civil Engagement Group for putting forward this amendment. It is grouped with No. 2. I cannot accept them as both relate to amendments associated with references to the name of the Digital Services Co-ordinator in Ireland, which is Coimisiún na Meán. This new body was established in 2023 under the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media through...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: It is always good as a Mayo person to welcome Galway people to anywhere, except MacHale Park. I want to say to in advance that I am not going to be accepting any amendments today. However, I thank the Civil Engagement Group members for their engagement with the Bill. It might be useful, and I can set this meeting up, for them to meet the officials to get a full understanding of how we have...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I share the Senator's concerns about algorithmic safety. The European Centre for Algorithmic Transparency deals with this issue. This organisation will be able to work and use research from the risk assessments and audits carried out through the Digital Services Act. However, I will also bring the Senator's proposal to the attention of both the digital services commissioner, John Evans,...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I thank the Senator. I oppose amendment No. 8, which is grouped with amendments Nos. 9 to 12, inclusive, 21, 43, 52 and 53. All those amendments relate to proposals to make certain actions obligatory for Coimisiún na Meán or the Consumer and Competition Protection Commission, CCPC. The Digital Services Bill provides that during an investigation into a suspected contravention,...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: Amendment No. 14 is grouped with amendments Nos. 15 to 19, inclusive, and 45 to 50, inclusive. As all of these amendments relate to the making of a final decision either by Coimisiún na Meán or the CPCC following a request for a matter to be reviewed, as received from the European Commission under Article 59(3) of the digital services regulation. As it stands, the Bill provides...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: Amendment No. 20 is taken with amendment No. 51. These amendments mirror each other except they apply to Coimisiún na Meán and the CCPC, respectively. In determining the amount of the sanction to be imposed, the Bill sets out that regulators must take account of the unique set of circumstances of a given investigation. This includes, for example, the nature and gravity of the...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: It was not a decision made by us. It was way above our pay grade.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: Gabhaim buíochas leis an mbeirt Sheanadóir. I oppose amendment No. 23, which is grouped with amendments Nos. 24, 25 and 26, all relating to vetted researchers. Amendment No. 23 seeks to include a provision that an accredited journalist or representative of an NGO may be deemed to have met the vetted researcher designation conditions if they can demonstrate their access to data...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I am happy to respond at the end.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I will speak on the amendments. Amendments Nos. 27 to 34, inclusive, are grouped together because they all relate to trusted flaggers. Amendment No. 27, as proposed by Senator Keogan, requires an additional provision in the Bill stating that Coimisiún na Meán will "ensure the status as a trusted flagger is not awarded to an entity which is partisan and seeks the status as a...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: To pick up on Senator Higgins's comments first, I spoke earlier, even though the amendment was not accepted, around the Civil Engagement Group's amendment on algorithmic issues. I stated that first, the risk assessments audits that will be done in this process will give some information to the European Centre for Algorithmic Transparency to start building up a European profile that will...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: They are very technical issues but I will absolutely engage with them as part of their work post enactment of the Bill to build confidence in that space.To come back to Senator Keogan's overall points, this Bill does not define hate speech. It is a very technical Bill that also relates to content moderation. With regard to content moderation, the DSA seeks to define the rules on content...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: Again, this is the DSA and this puts the DSR into effect. We were able to use the provisions of the digital services regulation on the night of the Dublin riots to alert online providers to stuff that appeared on their platforms encouraging people to come and destroy people's property and potentially people's lives. That is of huge benefit and if it can be used in terms of public security...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I assure the Senator, and this was previously raised by Senator Ruane, that whole space is an area of concern. It is something I will raise with Coimisiún na Meán in view of its work on this at a European level. It concerns all of us, especially in view of what we have heard today.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: This is about fees.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: My apologies. I thought the Senator was going in a different direction. I thank the Acting Chairperson, Senator Maria Byrne. As I said to her earlier, it is good to have her back in the House. Coimisiún na Meán may specify a fee for application or review a request for a trusted flagger, vetted researchers or out-of-court dispute settlement bodies. The provision is intended to...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: That is my intention. As I said to Senator Keogan and, indeed, to Deputy Louise O'Reilly, it will be subject to regulation. We are resourcing Coimisiún na Meán. It is my Department's role to resource the digital services co-ordinator. They are getting substantial resources to do the detailed work that is carried out in this Bill and there will be no need for them to set...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: My understanding is the amendment relates to a provision in the Bill that a person may make a complaint to Coimisiún na Meán if there has been a failure by the intermediary service provider to comply with a provision of the DSR. The amendment proposes that the text of the Bill be changed so as to explicitly state that complaints can be made about a provider or providers. I do not...

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: I take on board the Senator’s proposals and we will engage with the commissioner on that.

Seanad: Digital Services Bill 2023: Committee and Remaining Stages (8 Feb 2024)

Dara Calleary: Amendments Nos. 37 to 40, inclusive, are grouped as they are all amendments relating to co-operation between Coimisiún na Meán and the CCPC. Section 45(1)(b) provides that Coimisiún na Meán and the CCPC may enter into a co-operation agreement. This includes for the purposes of ensuring, as far as is practicable, consistency between decisions made or other steps taken by...

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