Alice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 102 focuses on the question of young people and children's access. My amendment No. 128 seeks to put greater pressure and an onus on the content provider. I spoke a little bit to this in the previous section. I was not sure if I had put it in but I realise that I have.

This is a really practical proposal. One of the powers is around the content limitation notice whereby the commission can request that certain content be limited or removed, or that access be disabled. This is a very important provision with regard to harmful online content. I urge that my suggestion might be considered in Dáil Éireann.

There may be materials that do not reach the threshold of being harmful online content but which do reach a threshold of age-inappropriate content. I have sought to bring in a definition but the Minister may well bring in a better definition or expand her own definition. There is a mechanism for content limitation that could be used for harmful online content and we propose that a similar mechanism could be available in the case of age-inappropriate content whereby the commission would be able to issue a notice requiring a provider to restrict access to content by persons who have attained the age of 18. For example, one may say that the material that is very widely available should not be available for persons under the age of 18 because it is age-inappropriate. Even though the material does not reach the threshold of being harmful online content, the fact is that it would reach the age-inappropriate threshold but perhaps on a site that is very widely accessed and with no suitable constraints as to screening for age. In a way it is complementary in that sense. It is not saying it would apply in the context of access to everything online; it would apply for certain content that is age-inappropriate. The commission would be able to require a provider to put in place measures that would restrict access to that content to persons who are over the age of 18. This could be done in the same quite fast and effective way as the content limitation notice. That might be a very good tool. It does not prohibit the development of codes or practices, or further work with an online service provider. If, for example, a website contains content that is technically legal and does not reach the online harmful content threshold, but which is bad for 14-year-olds to be looking at, it would allow us to put a requirement on the online provider to put in place some form of measure to discourage availability and access to those under the age of 18. Persons may well change. Young people will still probably access it but it would be a harm limitation measure to put in that requirement. Perhaps the Minister will consider this.It would be a practical measure.