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

Amendment No. 183a provides that an coimisiún should have an online safety code requiring that designated online services seek to minimise the risk of harm arising from the spread of disinformation. I do not propose to accept the amendment for a number of reasons.Regarding disinformation, this kind of content is being tackled, as has been acknowledged by the Senator, on an EU-wide basis through a number of mechanisms. These include the Digital Services Act, DSA, on which political agreement was reached on 22 April 2022.

The Government decided that coimisiún na meán will be the digital services co-ordinator, which is the primary regulator under the DSA. My colleague, the Tánaiste and Minister for Enterprise, Trade and Employment and his Department have led Ireland’s negotiations in this area. There is also the European Commission's code of practice on disinformation. This is a Commission initiative that has involved a range of online platforms, leading social networks, advertisers and advertising industry players signing up to self-regulatory standards to fight disinformation. It is the Commission's intention that the code will evolve into a co-regulatory instrument under the DSA. Additionally, the Commission has also established the European Digital Media Observatory, which has a hub in Dublin City University, DCU, and this body has been tasked with monitoring the implementation of the code.

While I note the intent of the amendment, this matter will be addressed by the Minister for Enterprise, Trade and Employment and his Department in the context of the legislation necessary to give effect to the implementation of the DSA in Ireland. I do not believe it would be useful to cut across this work at this stage.

Senators will be aware that in March the Government decided that once established under the Bill, coimisiún na meán would act as the primary regulator, termed the digital service co-ordinator, under the DSA. It made the decision in light of the clear synergies between the objectives and approaches of coimisiún na meán and the digital services co-ordinator, including taking a systemic approach to dealing with online safety and platform regulation and similar resourcing needs and expertise for implementation and enforcement. The DSA is still undergoing negotiation regarding several technical matters. The final text of the regulation is not available. Should the code of practice on disinformation evolve into a co-regulatory instrument under the DSA, as proposed by the European Commission, I would expect that coimisiún na meán would have a role to play in its capacity as the digital services co-ordinator.

As I indicated, there is a specific problem with disinformation designed to influence the results of elections and referendums as these processes are at the heart of our democracy. The Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, has asked the Attorney General to prepare proposals for inclusion in the Electoral Reform Bill 2022.

On amendment No. 187a, similar to amendment No. 183a, I do not propose to accept the amendment because, as previously set out, disinformation is being tackled on an EU-wide level through the mechanisms outlined. I do not want to unintentionally work at cross purposes with those mechanisms or with the work of the Tánaiste and the Department of Enterprise, Trade and Employment. The same reasons apply to amendment No. 192a in the context of my responses to amendments Nos. 183a and 187a. I am not proposing to accept these amendments.