Seanad debates

Wednesday, 28 November 2018

Commencement Matters

Social Media Regulation

10:30 am

Photo of Jim DalyJim Daly (Cork South West, Fine Gael) | Oireachtas source

I thank the Senator for submitting this Commencement matter. We are all aware of the benefits that the online world can bring for communication, education, reducing the cost of services and of doing business. Today it is hard to imagine a world without the Internet or smartphones. With all of the benefits that the online world brings, we are all becoming increasingly conscious of the risks it presents for ourselves and our children. It is noteworthy that of the three Commencement matters being taken this morning, two relate to this issue.

Online safety is a priority for the Government. The online safety and security of all citizens, especially of the most vulnerable groups, including children, is one of the most important challenges we face as a society today. In July, the Taoiseach launched the Government’s first Action Plan for Online Safety for 2018 to 2019. This document presents a whole-of-Government approach to the issue of online safety. It contains 25 actions to be implemented or substantially progressed by the six key Departments, namely the Departments of Communications, Climate Action and Environment, Justice and Equality, Business, Enterprise and Innovation, Children and Youth Affairs, Health, and Education and Skills.

Some examples include in the area of mental health, examining the feasibility of hosting online therapeutic interventions and creating a pilot mental health hub in a primary care centre to provide remote online counselling services; requiring schools to consult on the use of smartphones; developing and publishing a resource on webwise.iefor schools to deliver Internet safety awareness evenings to parents; developing online safely resources for parents of preschool age children; developing guidance on appropriate amounts of screen time for each age group; and implementing the revisions to the audiovisual media services directive which will require video sharing platform services, such as YouTube, to have measures in place to protect all users, but especially minors, from harmful audiovisual online content uploaded by users.

A sponsor group, with membership from the six Departments involved, will oversee implementation of the plan. The group is finalising its first progress report. We have also established the national advisory council for online safety, chaired by the Minister of State with responsibility for natural resources, community affairs and digital development, Deputy Canney, with membership from a wide range of stakeholder groups, including NGOs, industry, academics, Departments and Government agencies. The council has held two meetings since being established in September. It is tasked with providing advice to the Government on online safety issues; identifying emerging issues where Government intervention may be warranted, including in future iterations of the Action Plan for Online Safety; and inputting to the development of clear and easy to understand online safety guidance materials for all Internet users, including targeted material for children and young people, persons with learning disabilities, parents, and older people.

The council will publish a progress report, which in subsequent years will become its annual report in advance of Safer Internet Day on 5 February 2019. The action plan also commits the Government to working with the Oireachtas Joint Committee on Communications, Climate Action and Environment to explore the issues arising in the Digital Safety Commissioner Bill 2017. The committee has commenced its detailed scrutiny of the Bill and the Minister for Communications, Climate Action and Environment attended the first hearing on 25 October 2018. Departmental officials also attended a subsequent hearing on 6 November 2018.

The Minister expressed the view at the meeting of 25 October that self-regulation of online platforms may no longer be appropriate. However, for the Oireachtas to legislate in this space, we will have to ensure the legislation is robust, effective and meets the urgent public policy need to protect all online users, especially children. The Minister has sought the advice of the Attorney General on the legal issues which the Bill presents and he has also asked his officials to examine the Bill in detail.

There are several legal issues with the Bill, as currently drafted, which would need to be overcome, including the lack of a definition of harmful digital communications and the proposed extraterritorial role for the Irish courts. I welcome that the committee has indicated that it intends to engage with a broad range of national and international stakeholders as it considers the draft legislation. Online safety is an incredibly broad and complex area with a diverse range of stakeholders involved. The risks which the online world presents vary from the most serious form of criminal behaviour to harmful or hurtful comments, sometimes perpetrated by children themselves. The Action Plan for Online Safety takes account of the fact that no one single action can mitigate all of these risks and, in some areas, better or more easily accessible guidance and resources for parents or teachers will be more appropriate and effective than seeking to impose legislative measures. The Government is committed to delivering on all of the actions in the Action Plan for Online Safety and to the preparation of the next action plan, preparations for which will commence before the end of 2019.

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