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

I thank the Senators for their amendments. Amendment No. 10 amends section 7(2) of the Broadcasting Act 2009, as amended by section 7 of this Bill, to insert specific reference to the role of an coimisiún in protecting rights to privacy and reputation. The purpose of section 7(2) is to set out the various matters an coimisiún shall seek to ensure in the performance of its functions. I have some concerns regarding a specific reference to the role of an coimisiún in upholding rights to privacy and reputation. These rights are protected through the Constitution in the form of the requirement of the State to protect the good name of every citizen in the form of judgments of our courts and the recognition that the right to privacy is inherent in the personal rights set out in the Constitution. These rights are also protected by the EU Charter of Fundamental Rights and the European Convention on Human Rights.

I am somewhat wary of inserting language in the Bill that would imply that any of the specific personal rights contained in the Constitution, the charter or the convention on human rights were pre-eminent in some way on other personal rights provisions. I also note that protection and vindication of the right to privacy and reputation are set out in other legislative instruments, specifically the Data Protection Act 2018 and the general data protection regulation in respect of privacy, and the Defamation Act 2009 regarding reputation. A reference to the rights to privacy and reputation may give rise to the expectation that vindicating or protecting these rights is a specific function of the commission and that these rights should have a greater importance than other rights, including others set out in the Constitution, charter and convention. While I will not accept amendment No. 10, I commit to reflecting further on its intent, with a view to considering it further in the context of Report Stage.

Amendment No. 11 proposes to amend section 7(2) of the Broadcasting Act 2009 as amended by section 7 of the Bill, to provide that the interests of the public and, in particular, children would be promoted as well as protected. The question is whether amendment No. 11 would substantially affect the manner in which an coimisiún performs its duties. I absolutely understand the intent of the Senator in seeking to expand the language. However, I am advised that the term "protection", which is already provided for in the Bill in the context of the interests of the public and children, may also encompass the term "promotion" in this context. Again, I do not propose to accept the amendment today, but instead I commit to giving it further consideration in the context of Report Stage.

Amendment No. 12 would also amend subsection 2 to provide for a separate paragraph on the protection of the interests and safety of children. The protection of the rights and interests of children is an objective that all of us in these Houses share. It will be a key component of the work of an coimisiún, particularly in the context of making online safety codes to tackle the prevalence of harmful online content. The key consideration is also whether the amendment would substantially affect the manner in which an coimisiún performs its duties, in particular with regard to the protection of children. Amendment No. 12 is another proposal that I wish to have more time to examine further with a view to returning to the matter on Report Stage.