Diarmuid Wilson (Fianna Fail)
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I welcome the Minister of State to the House. I raise the issue of social media and its responsible use. As all Members are aware, social media is a great enabler of mass communication in the modern world. We are able to keep apprised of events from all over the globe. We are awash with communication options such as Facebook, Twitter, Snapchat, Youtube and everything in between.Friends, families and neighbours are able to stay in contact over what were previously insurmountable distances. People from anywhere can connect with anyone to share their interests and ideas. A video put up on YouTube in Cavan today can be admired around the globe in seconds. The sense of global connectedness is the wonder of our age. Social media has also been a great benefit to many entrepreneurs and small businesses who can advertise to markets they never knew existed while not breaking the bank. The cost of maintaining a social media presence is minimal. If one chooses paid advertising, one can spend as much or as little as one’s budget allows.

However, social media clearly has a darker side. We have seen the effect of foreign social media in election campaigns. Anyone can create a fake account. Many people believe they can say or do anything without being traced. This has opened the door to cyberbullying, racial and misogynistic abuse, threats, intimidation and slander.

I want to raise the case of Eamonn Mulvaney who goes by the stage name of Eamonn Jackson. In the past, he was a director of his family’s dog-breeding business. This is a properly licensed and regulated state-of-the-art establishment, creating employment in County Cavan. As a result of a television documentary regarding a puppy farm, allegedly in County Cavan, this up-and-coming country and western star with no connection to that particular business has become the target of an orchestrated campaign to destroy him and his family. Venues where he was due to play have been contacted by individuals using various forms of social media. They have been intimidated and, in some cases, threatened. This has resulted in hundreds of Mr. Jackson’s performances being cancelled at short notice, including a recent tour of the United Kingdom. This has cost Mr. Jackson hundreds of thousands of euro and put in jeopardy the livelihoods of the ten people employed by him in the music business.

An example of the type of social media messages he receives personally every day consists of a banner with a special offer of a free necklace. However, it shows two nooses. They have caused Mr. Jackson not only financial loss but significant mental strain. This innocent man, trying to establish himself in the country music industry, and his family are suffering. Despite his many attempts to contact the social media outlets and the Garda Síochána, he continues to receive these types of messages.

I do not like raising issues like this and naming people in the Chamber. However, Mr. Jackson asked me to do so. He has made contact with me, as well as my colleague, Deputy Brendan Smith, to highlight what is going on with the hope that something will be done about this before it has serious consequences and not only financial ones.

Jim Daly (Cork South West, Fine Gael)
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I thank the Senator for submitting this Commencement matter. We are all aware of the benefits that the online world can bring for communication, education, reducing the cost of services and of doing business. Today it is hard to imagine a world without the Internet or smartphones. With all of the benefits that the online world brings, we are all becoming increasingly conscious of the risks it presents for ourselves and our children. It is noteworthy that of the three Commencement matters being taken this morning, two relate to this issue.

Online safety is a priority for the Government. The online safety and security of all citizens, especially of the most vulnerable groups, including children, is one of the most important challenges we face as a society today. In July, the Taoiseach launched the Government’s first Action Plan for Online Safety for 2018 to 2019. This document presents a whole-of-Government approach to the issue of online safety. It contains 25 actions to be implemented or substantially progressed by the six key Departments, namely the Departments of Communications, Climate Action and Environment, Justice and Equality, Business, Enterprise and Innovation, Children and Youth Affairs, Health, and Education and Skills.

Some examples include in the area of mental health, examining the feasibility of hosting online therapeutic interventions and creating a pilot mental health hub in a primary care centre to provide remote online counselling services; requiring schools to consult on the use of smartphones; developing and publishing a resource on webwise.iefor schools to deliver Internet safety awareness evenings to parents; developing online safely resources for parents of preschool age children; developing guidance on appropriate amounts of screen time for each age group; and implementing the revisions to the audiovisual media services directive which will require video sharing platform services, such as YouTube, to have measures in place to protect all users, but especially minors, from harmful audiovisual online content uploaded by users.

A sponsor group, with membership from the six Departments involved, will oversee implementation of the plan. The group is finalising its first progress report. We have also established the national advisory council for online safety, chaired by the Minister of State with responsibility for natural resources, community affairs and digital development, Deputy Canney, with membership from a wide range of stakeholder groups, including NGOs, industry, academics, Departments and Government agencies. The council has held two meetings since being established in September. It is tasked with providing advice to the Government on online safety issues; identifying emerging issues where Government intervention may be warranted, including in future iterations of the Action Plan for Online Safety; and inputting to the development of clear and easy to understand online safety guidance materials for all Internet users, including targeted material for children and young people, persons with learning disabilities, parents, and older people.

The council will publish a progress report, which in subsequent years will become its annual report in advance of Safer Internet Day on 5 February 2019. The action plan also commits the Government to working with the Oireachtas Joint Committee on Communications, Climate Action and Environment to explore the issues arising in the Digital Safety Commissioner Bill 2017. The committee has commenced its detailed scrutiny of the Bill and the Minister for Communications, Climate Action and Environment attended the first hearing on 25 October 2018. Departmental officials also attended a subsequent hearing on 6 November 2018.

The Minister expressed the view at the meeting of 25 October that self-regulation of online platforms may no longer be appropriate. However, for the Oireachtas to legislate in this space, we will have to ensure the legislation is robust, effective and meets the urgent public policy need to protect all online users, especially children. The Minister has sought the advice of the Attorney General on the legal issues which the Bill presents and he has also asked his officials to examine the Bill in detail.

There are several legal issues with the Bill, as currently drafted, which would need to be overcome, including the lack of a definition of harmful digital communications and the proposed extraterritorial role for the Irish courts. I welcome that the committee has indicated that it intends to engage with a broad range of national and international stakeholders as it considers the draft legislation. Online safety is an incredibly broad and complex area with a diverse range of stakeholders involved. The risks which the online world presents vary from the most serious form of criminal behaviour to harmful or hurtful comments, sometimes perpetrated by children themselves. The Action Plan for Online Safety takes account of the fact that no one single action can mitigate all of these risks and, in some areas, better or more easily accessible guidance and resources for parents or teachers will be more appropriate and effective than seeking to impose legislative measures. The Government is committed to delivering on all of the actions in the Action Plan for Online Safety and to the preparation of the next action plan, preparations for which will commence before the end of 2019.

Diarmuid Wilson (Fianna Fail)
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I thank the Minister of State for his reply. While I appreciate he could not refer to the case I outlined as he was not aware of it, I ask him to take what I have said about it back to the Minister, Deputy Bruton. I assure him that my party will support the legislation when it is brought forward. It is important that it be speeded up and brought before us as soon as possible. On the particular case, I will continue to raise the issue in this House until a satisfactory conclusion is reached. There are between 200 and 260 people involved. If necessary, I will name them and give their IP addresses publicly in this House, if that is what it takes, but I do not want to go down that road. I will also send a letter to the Garda Commissioner containing the documentation I have available, including screen shots of the foul messages sent and threats made, including to his life, to the man in question, Mr. Eamonn Jackson.

Jim Daly (Cork South West, Fine Gael)
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As the Senator will appreciate, I am not familiar with the case. As such, I will not comment on it. All of us, as politicians, both personally and professionally, are aware of the issue. Most of us have experienced it on a personal level.

Paul Coghlan (Fine Gael)
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Some of us have suffered because of it.

Jim Daly (Cork South West, Fine Gael)
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There is no doubt that some have suffered because of it. Some politicians are known more widely than others, but I understand many have endured it. Exactly as the Senator said, we have encountered victims of online bullying. People can hide behind their anonymity, parade behind various guises and engage in a free-for-all. I have spoken previously about this matter and believe strongly every publication should have a person responsible and that everybody needs to be identified in some shape or form. If I was to send a letter tomorrow to the editor of any local newspaper and decide to take aim at anybody, I could remain anonymous by having it stated underneath "name and address with the editor". However, the editor of the publication would have a responsibility to know who I was and could not allow the letter to go through without it. Likewise, most politicians are aware that when someone talks to a radio station, it must always ring the contributor because it is responsible. While I could talk on a show as Joe from Drumcondra, even though my accent might me give away, or use any name I wanted, and while I would be entitled to my anonymity, the provider of the platform would have to know who I was and take responsibility. We have it in the radio and newspaper space for all publications, but we do not have it in the online space. I have had good engagement on this issue with the Data Commissioner. One of the biggest challenges, from a legislative point of view, which is what the Senator is talking about, is that there are no boundaries. It would, therefore, be difficult to enact effective legislation, even if one could achieve an EU-wide consensus on the issue, on which I have engaged with the commissioner, because of the nature of the worldwide web, but I am sure we could do more than what we are doing.