Michael Healy-Rae (Kerry, Independent) | Oireachtas source

I am grateful to have the opportunity to represent the Minister and give the response. We are all no doubt aware of the importance of online safety and I am happy to provide the Senator with an update on the status of the work in this area. Achieving online safety in the prevention of gender-based violence requires a cross-sectoral effort to coincide with efforts being made within the Department and the new media regulator, Coimisiún na Meán, and at EU level. I acknowledge from the outset the collaborative work undertaken across Government and civil society organisations under the national strategy on domestic, sexual and gender-based violence, which is led by the Department of Justice.

There is now a significant body of legislation providing the foundation for Ireland’s online safety framework, including the regulation of social media. Coimisiún na Meán, as Ireland’s new online safety and media regulator, is at the heart of that framework. It was established under the Online Safety and Media Regulation Act, which is one of three main elements of the framework and which transposed the EU audiovisual media services directive. The other two elements are the EU Digital Services Act, under which the commission is Ireland’s digital services co-ordinator, and it is a competent authority in respect of the EU terrorist content online regulation.As provided for under the OSMR, the commission adopted and applied the new online safety code for designated video-sharing platforms established in Ireland, including TikTok, Facebook, Instagram and X. The code sets out what they must do to protect users. Part A of the code has general obligations and has applied from 19 November 2024 and the commission is supervising compliance. Under Part A, designated platforms must provide for protections to minors from content that may impair physical, mental or moral development, or to the general public from content which incites hatred or violence, is racist or xenophobic. Part B, which will apply from 25 July 2025, has more specific obligations, such as: prohibiting the uploading or sharing of harmful content on their services, including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia; using age assurance to prevent children from encountering pornography or gratuitous violence online; and providing parental controls for content which may impair the physical, mental, or moral development of children under 16.

Threatening violence online is illegal. Under the Digital Services Act, online platforms must provide a way for people to report content they think is illegal. Platforms must respond to these reports in a timely and diligent manner. They must also consistently enforce their own terms and conditions relating to content. The DSA introduced stringent obligations for designated very large online platforms, VLOPs, to carry out risk assessments and take mitigation measures in relation to the availability and exposure of users to illegal online content. This includes content related to existing criminal offences in Ireland, for example certain abusive, threatening or offensive communications as detailed in Coco’s law, the Harassment, Harmful Communications and Related Offences Act 2020. Coimisiún na Meán, as Ireland’s designated digital services co-ordinator under the DSA, will support the European Commission in enforcing these obligations. The role of Coimisiún na Meán is to ensure that online platforms are complying with the law, including that their content reporting systems are working effectively.

With regard to protecting children and young people from harmful online content, under the DSA, very large online platforms must address this risk of exposure, including by means of age-verification or age-assurance. A failure to comply with any of these measures can lead to significant financial sanctions, and under the OSMR, continued non-compliance can lead to criminal sanctions for senior management. The Act also covers restrictions on recommender systems and algorithmic content. The European Commission is lead regulator for very large online platforms and very large online search engines, VLOSEs. It is important to state that enforcement of DSA obligations is already happening. The focus of the DSA is on making sure that platforms carry out risk assessments and take measures to reduce the overall availability and algorithmic amplification of harmful online content. The European Commission launched a number of investigations relating to potential breaches of the DSA regarding recommender systems, including into potentially addictive designs and the amplification of harmful online content. These investigations are ongoing and will likely conclude in the near future.

Of all the things anybody could talk about, and of all the issues a person could raise, this is extremely important. It is something that every one of us in both Houses of the Oireachtas should be extremely concerned and worried about. Nothing is more important from the point of view of protecting children than protecting people from some of the horrible things that are out there online at present. The children of today are exposed to so many awful and horrible things out there, which they should never be exposed to. What the Senator is trying to achieve today is very important.