Shane Cassells (Fianna Fail) | Oireachtas source

I move amendment No. 10:

In page 18, lines 39 and 40, to delete all words from and including “and” in line 39 down to and including line 40 and substitute the following: “including the rights to privacy and reputation, are protected,”.

This is a straightforward amendment that I hope the Minister can accept. It is intended to strengthen the language used. It is also balancing what is set out in subsections (2)(a) and (2)(b), where subsection (2)(a) speaks to "the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, are upheld" and subsection (2)(b) requires that "the interests of the public, and in particular the interests of children, are protected". Amendment No. 10 seeks to delete paragraph (b) and specifically inserts that "the rights to privacy and reputation, are protected". That is an important distinction.

This time last year, the social media giants of Twitter and Facebook appeared before the committee and discussions were terse. I remember that day well. It was not all apple pie and welcoming what the committee members were saying. Such was the tense nature of the exchanges that on the following Saturday, the respected journalist Martina Devlin of the Irish Independent penned a piece on those exchanges. She referred to her own scenario and talked about attacks on her and occasions when she was named in "exceptionally derogatory terms which left me feeling soiled". There is an important balancing act involved. While acknowledging the democratic value of rightful liberty of expression, we must also ensure the protection of the equal right to privacy and reputation.

Amendment No. 12 concerns the protection of the interests and safety of children, which should inform all policies and practices of the commission. Those concerns should be stated separately in the Bill, apart from the other pieces we are seeking to include dealing with the rights to privacy. It is important to make that distinction. Senator Carrigy referred to the fact that Professor Conor O'Mahony, special rapporteur on child protection to the Government, appeared before the committee and spoke specifically about these issues. As much as possible, the language used must be strong enough to reflect that. The proposals in amendments Nos. 10 and 12 are attempts to make sure that what was discussed at committee is reflected in the Bill.