Alice-Mary Higgins (Independent) | Oireachtas source

I thank the Cathaoirleach. The Minister of State is welcome. The Bill too is welcome. I look at it alongside some of the other pieces of work in which Coimisiún na Meán is engaged. I wish to highlight the potential to do something more with the levy than is being proposed. When we were considering the Online Safety and Media Regulation Act, one important aspect transposed the audiovisual directive. That directive had a protective function in the online media space and also had a mandate in respect of participation. There is the long-established European principle of l'exception culturelle, which was introduced during the General Agreement on Tariffs and Trade, GATT, talks. It is a principle of participation and empowerment. It was appropriate when transposing the directive into the legislation that the option was given to introduce a levy and grant to Coimisiún na Meán the capacity to place a levy on broadcasters not just for the day-to-day functioning of Coimisiún na Meán but also to allow it to apply a specific levy for a fund to be used for cultural producers and those who create to allow, in turn, for a diversity of voices to come through within the online media space. The choice was made to include that important power and there is potential for something similar in respect of this legislation.

I know it is late and the Government is moving the Bill through quickly but there are a couple of ways to tackle this issue. This is different because we are talking here about the digital services directive and the digital services providers, including the very large online platforms. There are references in the Bill to a "very large online platform or very large online search engine".As has been mentioned, many of them are headquartered here in Ireland. I think there is potential not just to look at their contribution to the functioning of their own supervision through Coimisiún na Meán but also to look at that participation point. It probably sounds too pejorative to say it is a polluter pays principle. It is not quite that although it could be the case in some instances. It would be the idea that they are creating an environment in which social costs and social needs are created and they can contribute to it. I brought this up previously with regard to the general data protection regulation.

I had the idea at that time that perhaps where there were fines, a portion of the fines could be ring-fenced for a digital empowerment fund. While that choice was not taken up at the time, there is significant potential in this new levy structure. We mentioned that a complaints mechanism portal will be part of what may be funded. Maybe something that also needs to be funded is something like a digital empowerment fund. When I talk about a digital empowerment fund, I am imagining things that ensure our citizens are empowered in their engagement with those very large online search platforms and that we have a public which is properly empowered in its engagement. It is not just about being educated or employment in the area but how people engage, so that they know when they are being targeted in certain ways and they have the skills to navigate and make choices in the online space which they are entitled to as citizens because of these directives and the fact that we have chosen collectively, as European parliamentarians, to say that this is an area where there are rules.

I think of things like the Silver Surfer initiative, the CoderDojo projects and others relating to online safety and bullying online. There are so many areas where there are small projects doing good work, often with almost no money. If a portion of this digital services levy was designated for a digital empowerment fund, to which groups could apply for small grants, it would really contribute to people being in control and empowered when they engage online. That has to be in all generations and all parts of society. Sadly, the statistics from Europe show that Ireland has very low digital literacy. About 40% of people do not have full confidence in performing basic functions online. We know that many people depend on another member of the family, a friend or a neighbour. People who are not confident online can be vulnerable when there are poor practices from large online providers or search engines.

We also have a next generation coming up. We want to make sure they are the shapers of digital services in the future and not simply the target. I know that the Ministers, Deputies Foley and O'Gorman, have launched Ireland's Literacy, Numeracy and Digital Literacy Strategy 2024-2033, which is welcome, but that strategy is very much focused on parents and children. It is specific and necessary but we really need a whole-of-life and whole-of-society intergenerational approach to digital empowerment. I know this is a late stage and that the Minister of State wants to move this through quickly. I think this could be done by establishing a separate fund in the legislation. Alternatively, it could be done by slightly adjusting the functions of Coimisiún na Meán, because this fund is designed to support the functions of Coimisiún na Meán so that its functions could allow for the potential of creating a digital empowerment fund in the future. There are a couple of ways that it could be tackled, either by saying that the levy can go to the functioning of Coimisiún na Meán and the digital empowerment fund, or through including the potential of administering a digital empowerment fund as one of the functions. There are different ways in which it could be tackled.

This is an opportunity.Even if it was to be constrained to the very large online platforms or search engines, in itself, a small levy in respect of those actors would be substantial, even if it was not to extend to all digital service providers. It could be within the general levy or it could be a specific one for the very large actors.

The final way that it could be done is in section 6(8), by means of which the new section 45A is being inserted and the surplus of income is being addressed. Where there is a surplus of income from levies imposed, it is currently provided that it will be refunded or offset against charges. Again, however, even if the surplus of the levy were to be designated for digital empowerment purposes, there are a few different ways to come at it. We perhaps missed a little bit of an opportunity in relation to fines under the general data protection regulation, which have been substantial, in terms of having some portion of those fines allocated to empower people. In a way, having an empowered population is itself a great deterrent against poor practices in terms of the digital space, because they are the ones who will point to the laws and their rights and signal any poor practice. It is almost a case of having some of the fine from the problem create part of what I believe will be the cure. By addressing the symptom, we will provide a cure. We missed that opportunity with the general data protection regulation. I hope we do not miss it with the digital services levy.

I will be bringing forward amendments, but the Minister of State and I are both aware that they will probably be ruled out of order because they relate to financial matters. For that reason, I wanted to address him on Second Stage and urge him to consider how these things might be addressed, especially as the Bill presents us with an opportunity to deal with them.