Seanad debates

Wednesday, 25 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

I move amendment No. 116:

In page 52, line 19, after “mental” to insert “, emotional”.

This amendment seeks to add the term "emotional" to the list of developmental categories for children which should be respected in regard to making standards and practices on broadcasts depicting gratuitous violence or sexual content, effectively anything that may impair their physical, mental or moral development. At a debate some were saying we should remove moral development because they were concerned at how moral development might be construed. However, I think moral development is quite good in terms of the ethics of respect and consent. I had considered the removal of moral development in that regard but I believe it is very valuable. When we talk about moral development, we are not just talking about somebody else's morals or a moral code - for example, from religious institutions or otherwise - so we need to add the phrase "emotional development". That makes it clear that while something may come from a moral code, but it is in fact emotionally damaging or impairing to children. That is why I seek to add "emotional" rather than remove "moral".

Amendment No. 117 seeks to guard against an over-reach by media outlets but I am not going to press amendment No. 117. My preference is amendment No. 116 which is the addition of "emotional" rather than the removal of "moral". A very strong argument was made to me by persons who are concerned about the word "moral" and how it might be interpreted. That is why a counter-balance is needed. That is where amendment No. 117 came from, so that we do not have a situation where there may be, for example, vexatious complaints from those with particular moral convictions or perspectives. When you combine the "convictions of the audience" with "moral development", there is a danger there which I believe should be counter-balanced.

Amendments Nos. 142 and 143 replicate amendments Nos. 116 and 117. These are the same two approaches in respect of the provisions amending section 71 of the principal Act, which uses the same language as section 46(N). They are the same points. I included both of them because I tried to think of what this will look like when it is happening for people and what will happen in terms of the complaints or measures that might be taken and what the effect will be. I would appreciate the Minister's thoughts in terms of those two approaches to the issue.

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