Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

I thank the Senators for their amendments. Amendment No. 9 is intended to provide the power to an coimisiún to compel any technology company to produce data or reports when questioned. I note this amendment is drafted quite broadly without specifying any framework by which an coimisiún would compel technology companies to produce such reports. I believe the power to compel the provision of information from regulated entities is adequately assigned to an coimisiún through the Bill as published. An coimisiún has the power to compel information from video-on-demand services. Part 3A of the Broadcasting Act 2009, as inserted by section 8 of the Bill, provides for the establishment of a register of video-on-demand services established in the State, which is a requirement of the revised audiovisual media service directive. Section 46D of the Broadcasting Act 2009, as inserted by section 8 of the Bill, provides that an coimisiún may request further information from a media service provider where the provider notifies an coimisiún that it should be entered onto the register or where the provider is required to change its details on the register.

Under section 46F of the Broadcasting Act 2009, as inserted by section 8 of the Bill, if the media service provider does not provide the information requested, an coimisiún may direct the media service provider to comply with the request. If the media service provider fails to comply with a direction, it shall be deemed guilty of an offence under the Broadcasting Act.

An coimisiún has the power to require information from a relevant online service. Under the Bill, a relevant online service may be any information society service, which covers a vast array of technology companies, from Internet service providers to social media services. The regulatory structure for online safety in the Bill operates by providing an coimisiún the power to designate relevant online services and subject them to online safety codes.

To facilitate an coimisiún making the decision to designate an online service, section 139F of the Broadcasting Act, as inserted by section 44 of the Bill, provides an coimisiún with the power to require the provider of a relevant online service to provide an coimisiún with any information necessary to designate the provider for regulation. Where a provider fails to comply with such a requirement to provide information, it shall be deemed guilty of an offence under the Broadcasting Act.

When a relevant online service is designated for regulation, it is known as a designated online service under the Bill. Section 139O of the Broadcasting Act 2009, inserted by section 44 of this Bill, allows the commission to require a provider of a designated online service to provide the commission with information relating to the provider's compliance with an online safety code. Under this section, the commission may require the information to be provided within seven days, rather than one calendar month, as the amendment suggests. Moreover, this section provides that it is an offence if the provider fails without reasonable excuse to comply or provides false information knowing that it is false or being reckless as to whether it is false.

Section 139O provides that the commission may exercise this power following notification by a member of the super complaints scheme provided by section 139U of the Broadcasting Act 2009, as inserted by section 44 of the Bill. Accordingly, the provisions sought by this amendment are already covered in the Bill.