Patricia Stephenson (Social Democrats)
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I wish to speak today about gender-based violence, the prevalence of which is still shockingly high in Ireland, where we are still very much facing an epidemic of gender-based violence. How we respond to gender-based violence needs to be strengthened, but to truly address GBV, we need to look at the prevention angle. The online sphere is a major contributing factor to GBV.Young people are spending significant time online, where they are being exposed to extremely harmful forms of masculinity with influencers who promote a regressive form of masculinity that promotes sexual and gender-based violence and contributes harmful attitudes and behaviours towards women and girls, including the likes of discriminatory and hateful language.

Studies have shown that long-standing exposure to this type of very misogynistic content is contributing to how boys perceive girls. It is within this context that I wanted to have a debate with the Minister for media - though I am delighted that the Minister of State, Deputy Healy-Rae, is here – on the issue specifically as it relates to the social media recommender algorithms, which contribute significantly to pushing boys and young men down these rabbit holes of deeply misogynistic content online. While in theory we have Coimisiún na Meán in place to regulate the online space, the reality in practice is nothing the commission is doing right now actually solves the issue and tackles the issue of the recommender algorithms. A deeply reckless attitude is being taken by social media companies vis-à-visthe misogynistic and harmful content we are seeing online. In addition, the code of practice for video-sharing platforms does not tackle the material impacts of intimate partner abuse for anyone over 18. Indeed, we have seen some legal actions being taken by several social media platforms, arguing that they do not fit the criteria for video sharing, so the code of practice does not apply to them.

There is clear evidence that sharing intimate partner images connects strongly to intimate partner abuse. Therefore, tackling online safety and the sharing of material without consent is a critical part of dealing with gender-based violence as well as domestic violence.

Victims of online abuse are predominantly women, often women from marginalised backgrounds. They face harassment, threats, doxing and non-consensual sharing of images. This can lead to things like psychological distress and, in some cases, self-harm, and we have had cases of suicide.

The fear of online abuse silences voices and creates a chilling effect as it comes to freedom of expression. People do not want to speak out or stand up for their rights because they are concerned that online harassment could be used against them. We currently have no meaningful mechanism for an individual to get sensitive images and content taken down, with the exception of hotline.ie, which is an organisation that is doing stellar work but with incredibly limited resources.

As we all know in this room, Ireland holds a unique position, hosting many of the world’s largest tech companies for their European headquarters. It is within that context that Ireland should be leading and regulating the online space regarding preventing gender-based violence. The current legal framework we have, including the Online Safety and Media Regulation Act, needs to be strengthened to have clear accountability for platforms. Right now, it is not working.

Regarding how we regulate the online space, we also need to look within our education system and at what we are doing to tackle online violence in schools and education settings, with students but also with teachers and parents. This needs to be an holistic response. We cannot approach issues of this type from just one angle when we are trying to tackle them.

I would welcome the Minister of State outlining exactly what the Department of media is doing in respect of the recommender algorithms but also, more broadly, the specific actions being taken in collaboration with the Department of Education to tackle this issue in schools.

Michael Healy-Rae (Kerry, Independent)
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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.

Imelda Goldsboro (Fianna Fail)
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I thank the Minister of State. Before I come back to the Senator, I welcome guests of Senator Garret Ahearn who are in the Chamber with us today. They are very welcome. I presume they are from Tipperary, the premier county. I welcome the Walsh family along with Sisters from the Cross and Passion Order. I wish them all a wonderful tour here today.

Patricia Stephenson (Social Democrats)
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I am delighted that the Minister of State feels this is an important issue and that it requires cross-party support, a cross-departmental response and an holistic response.I agree with the message behind that. However, I push back on the idea that the content reporting systems Coimisiún na Meán is implementing work; they do not. We have heard from civil society bodies such as Women's Aid, Safe Ireland and the National Youth Council that the work it is doing with respect to the code of conduct, code of practice and regulations is really softball. We need to do more, and that means regulating social media companies with headquarters here. We could lead on this in Europe. We cannot shy away from the reckless attitude being taken by social media companies. They are genuinely not willing to do anything. Meta and X have now pulled back their expressions around online safety commitments. Regulatory restrictions are first and foremost for safety. That is the key. It is not all of it but it is a critical part of addressing the recommender algorithms, which, as we know and recognise given that so much research has been done on them, push young men and women towards harmful content online.

Michael Healy-Rae (Kerry, Independent)
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As I outlined throughout my remarks, there have been a lot of developments in recent years with regard to online safety in a general sense, the prevention of gender-based violence and recommender algorithms. Further steps in online safety will come in July, with the application of Part B of the online safety code. There is also an upcoming evaluation of the EU's audiovisual media services directive, to which Ireland is contributing. This will further strengthen the area of online safety. Our efforts to achieve online safety will continue to be driven by working together with our colleagues across Departments, Coimisiún na Meán and colleagues at EU level.