Seanad debates

Wednesday, 11 May 2022

Online Safety and Media Regulation Bill 2022: Committee Stage (Resumed)

 

10:30 am

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

Amendments Nos. 92 and 93 would have the effect of changing a requirement for broadcast and video on-demand services not to broadcast or make available, "anything which may reasonably be regarded as causing harm or offence", to a requirement not to broadcast or make available"anything that may reasonably be regarded as causing harm to a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter [of Fundamental Rights of the European Union]".

In terms of the reference to the charter in amendment No. 93, I note that section 46J(1)(d) which this amendment seeks to amend as section 46J(1)(a) already requires that service providers not broadcast or make available "anything which may reasonably be regarded as likely to incite to violence or hatred directed against a group of persons, or a member of a group, based on any of the grounds referred to in Article 21 of the Charter". This reference is to give effect to Article 6 of the revised audiovisual and media services directive. Going further than the directive in reference to the charter, without a firm basis in existing EU legislation, may give rise to unintended consequences. Given one of the grounds in Article 21 of the charter is a, "political or ... other opinion", the amendment may inadvertently prevent criticism of political groups. Accordingly, I propose to reject the amendment.

In terms of the outright deletion proposed by amendment No. 92, I cannot accept this for two reasons. One of the reasons is that this requirement, in part, transposes the requirement in the revised audiovisual and media services directive for member states to ensure that media service providers do not make available programmes which may impair the mental, moral or physical development of children. The second reason is that I believe it is correct that media service providers are held to a high standard in terms of the programmes they, as editorial services, make available to the general public and as such, this provision has value and serves the public good.

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