Seanad debates

Wednesday, 11 May 2022

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

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

The Minister outlined what might be the appropriate language. In the Constitution, this language is very carefully caveated. That is what I meant by taking a small section, but out of context. The Constitution realised the risk of an over-interpretation of the undermining of the State clause. It therefore has the language which says: "preserving their rightful liberty of expression, including criticism of Government policy", and goes to that trouble while continuing: "shall not be used to undermine public order or morality or the authority of the State".

Perhaps it is important that the language that is there in the Constitution, if we are using constitutional language, has a clear caveat of: "preserving their rightful liberty of expression, including criticism of Government policy" and that this is also reflected as an appropriate counterbalance to the undermining of the authority of the State. This is an important caveat for the interpretation of that proviso.

I completely agree that that should apply to all and should be reflected with broadcasters as well as those new online media providers who are coming under this legislation. That may already be the case as this section amends the Broadcasting Act more generally.

That is a potential way to ensure that there is a clarity or perhaps it is around adding a clause that says that this provision should be interpreted in line with whatever caveat one wishes to use. That criticism of Government policy piece is very important and it is very important that there is no risk. I am aware that the Minister has said that the courts have set a high bar but as legislators, we are not lawyers, we should always endeavour to have the safeguards built into the legislation we pass and reflected in there rather than simply leaving it to individuals to seek these rights through the courts.

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