John Moloney (Laois-Offaly, Fianna Fail)

): I thank Senator Paschal Donohoe for raising this important matter on the Adjournment. I want to advise Senator Donohoe that the Office for Internet Safety, OIS, is an executive office within the Department of Justice, Equality and Law Reform, which the Senator has acknowledged, and has responsibility for promoting Internet safety, with a particular focus on combating child abuse imagery, more commonly known aschild pornography. The office is advised by an Internet Safety Advisory Council comprised of key stakeholders in the statutory, industry and community sectors.

The Internet is a worldwide phenomenon with no borders and no single organisation controlling it. Efforts to combat illegal and harmful materials and activities on it can be hampered by the multiplicity of jurisdictions, differing legal systems and societal norms. Tackling Internet downside issues is a complex business and continues to set new challenges and commitments for all those charged with protecting against the downside of the Internet.

In a number of EU member states - the United Kingdom, Denmark, Finland, Norway, Sweden and the Netherlands - a system of Internet blocking-filtering has been introduced on a voluntary basis whereby a so-called blocklist of sites containing illegal child pornography is made available by the police or other competent authorities and is utilised by individual Internet service providers to prevent access to such content. Germany and France have introduced or are considering the introduction of legislation requiring ISPs to block access to websites containing child pornography.

It is generally acknowledged that all such Internet blocking or filtering systems are not foolproof and can be circumvented in certain circumstances. However, such filtering systems are understood to be useful in preventing Internet users from inadvertently encountering such illegal content. All mobile phone operators in Ireland, under a voluntary agreement brokered by the European Commission with GSM Alliance Europe, an association which represents European mobile phone operators, implement a form of filtering on their mobile Internet services which prevents access to websites identified as containing illegal child pornography. There is an existing self-regulatory framework for Internet service providers in operation in Ireland that actively encourages the adoption of best practice procedures aimed at limiting the proliferation of illegal child pornography content on-line. Members of the public may report such material to the Internet Service Providers Association of Ireland www.hotline.ie service. If the material is hosted here and deemed to be illegal and in contravention of Irish law, ISPAI members are obliged to remove such material. If the material is hosted in another jurisdiction, it is notified to the Internet hotline in that jurisdiction and the relevant law enforcement agencies for follow-up, with the aim of having illegal content taken down.

So far as the Department of Justice, Equality and Law Reform is aware, standard Internet service providers in Ireland do not implement any blocking or filtering system in respect of child pornography. The Office of Internet Safety, because of its stated role in the promotion of Internet safety and, in particular, combating child pornography, has a role in examining such issues with advice from the Internet Safety Advisory Council. In undertaking research to develop policy advice in this area the Office of Internet Safety has had discussions with a variety of relevant interests on issues pertinent to the consideration of the possibility or feasibility of introducing Internet filtering in Ireland, specifically in respect of illegal child pornography content. These ongoing discussions were referred to in recent press reports. However, no decisions have been arrived at on the issue of Internet filtering or blocking at national level. Any proposals for the introduction of such a system would, at the very least, need to be submitted to the Government for consideration. The introduction of any such system, particularly if it is mandatory, might require primary legislation. Notwithstanding this, a draft proposal for a directive on combating the sexual abuse and sexual exploitation of children and child pornography has been published recently by the European Commission which could potentially require member states to implement some form of blocking system for websites containing child pornography. This proposal will be discussed in the European Parliament and at the Council of Ministers. Ireland's participation in the adoption and implementation of this measure will be subject to Government and Oireachtas approval.