Written answers

Thursday, 20 January 2022

Department of Culture, Heritage and the Gaeltacht

Social Media

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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202. To ask the Minister for Culture, Heritage and the Gaeltacht her plans to address the portrayal of violence through the medium of films and social media with particular reference to the need to address increasing attacks on women, girls or younger or older persons; and if she will make a statement on the matter. [2860/22]

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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In regard to the portrayal of violence through the medium of film that may be broadcast in Ireland, under section 42 of the Broadcasting Act 2009 the Broadcasting Authority of Ireland (BAI), as an independent regulator, is required to make codes governing the standards and practice to be observed by broadcasters. The Code of Programme Standards developed by the BAI pursuant to section 42 of the Broadcasting Act 2009 to set out that broadcasters should exercise due care in broadcasting depictions and/or descriptions of violence in programme material. The Code also sets out that broadcasters shall have due regard to the appropriateness of and/or justification for, the inclusion of violent content in programme material.

In regard to the portrayal of violence through social media, the Online Safety and Media Regulation Bill will establish a multi-person Media Commission (to be known as Coimisiún na Meán), including an Online Safety Commissioner, dissolve the Broadcasting Authority of Ireland, establish regulatory frameworks for online safety and the regulation of audiovisual media services, and transpose the revised Audiovisual Media Services Directive.

It will be the role of the Online Safety Commissioner to oversee the regulatory framework for online safety. As part of the framework, the Commissioner will devise binding online safety codes that will set out how designated online services, including social media services, are expected to deal with certain defined categories of harmful online content on their platforms. 

In particular, online safety codes will ensure that designated online services take appropriate measures to reduce the availability of illegal content on their services. Such illegal content includes, for example, relevant offences under Coco’s Law, or the Harassment, Harmful Communications and Related Offences Act 2020. It is intended that this will have the effect of reducing the availability, on designated online services, of intimate images which have been shared without consent and of threatening or grossly offensive communications about, or to, another person.

Under the Bill, in the event of a failure to comply with a relevant online safety code, and subject to Court approval, the Media Commission will have the power to sanction non-compliant online services, including through financial sanctions of up to €20 million or 10% of turnover.

Finally, the Online Safety and Media Regulation Bill will also allow the Media Commission to create non-binding guidance materials for providers of relevant online services. Such guidance materials may seek to protect children in particular, but also the general public, from harmful online content and age-inappropriate online content. The Bill provides for a definition of age-inappropriate online content, and references in particular, content which consists of realistic representations of gross or gratuitous violence or acts of cruelty. 

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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203. To ask the Minister for Culture, Heritage and the Gaeltacht her priorities in the context of addressing the issue of violence against vulnerable groups as may be promoted by the use of social and electronic media with particular reference to the use of such media for abusive purposes; and if she will make a statement on the matter. [2861/22]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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204. To ask the Minister for Culture, Heritage and the Gaeltacht the way action can be taken to further address the issue of social bullying through the use of electronic media; if she sees the need to take particular steps in this area; and if she will make a statement on the matter. [2862/22]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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205. To ask the Minister for Culture, Heritage and the Gaeltacht if she remains satisfied that the public can be sufficiently protected from the use of social media by predators; and if she will make a statement on the matter. [2863/22]

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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I propose to take Questions Nos. 203, 204 and 205 together.

The Online Safety and Media Regulation Bill will establish a multi-person Media Commission (to be known as Coimisiún na Meán) including an Online Safety Commissioner, dissolve the Broadcasting Authority of Ireland, establish regulatory frameworks for online safety and the regulation of audiovisual media services, and transpose the revised Audiovisual Media Services Directive.

It will be the role of the Online Safety Commissioner to oversee the regulatory framework for online safety. As part of the framework, the Commissioner will devise binding online safety codes that will set out how designated online services, including social media services, are expected to deal with certain defined categories of harmful online content on their platforms.

In particular, online safety codes will ensure that designated online services take appropriate measures to reduce the availability of illegal content on their services. Such illegal content includes, for example, relevant offences under Coco’s Law, or the Harassment, Harmful Communications and Related Offences Act 2020. It is intended that this will have the effect of tackling the availability, on designated online services, of intimate images which have been shared without consent and of threatening or grossly offensive communications about, or to, another person.

Outside of illegal content, and among others, online safety codes may also include measures that a designated online service must take to reduce the availability of online content by which a person bullies or humiliates another person. Importantly, this category of content will be subject to a risk of harm test which is set out in the Online Safety and Media Regulation Bill.

Under the Bill, in the event of a failure to comply with a relevant online safety code, and subject to Court approval, the Media Commission will have the power to sanction non-compliant online services, including through financial sanctions of up to €20 million or 10% of turnover.

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