Robert Troy (Longford-Westmeath, Fianna Fail)
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30. To ask the Minister for Enterprise, Trade and Employment if his Department is currently preparing any legislation to deal with synthetic technology or "deepfake content" on social media; if he agrees that the use of such technology has the potential to be harmful to democracy; if he agrees that Ireland is in a unique position to compel some form of action from relevant companies given Ireland’s position as a European headquarters for many social media outlets; and if he will consider introducing legislation which would ensure that all such content was clearly labelled as synthetic reality. [63964/22]

Dara Calleary (Mayo, Fianna Fail)
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Legislation is being prepared in my Department to implement the Digital Services Act (EU Regulation 2022/2065) into Irish law. The Digital Services Act obliges providers of online intermediary services that are designated as "very large" (i.e. platforms or search engines with more than 45 million users in the EU) to conduct annual risk assessments. They are then required to put mitigation measures in place with regard to any of the risks identified. Those mitigation measures may include ensuring that an item of information that "appreciably resembles existing persons, objects, places or other entities or events and falsely appears to a person to be authentic or truthful" is distinguishable through labelling. They may also include providing an easy to use function for users of the online service so that they can indicate such information too.

The European Commission has the responsibility for enforcing these particular obligations of the Digital Services Act.

The Bill to implement the Digital Services Act in Ireland will come before the Houses of the Oireachtas later this year.

Separately, negotiations are advancing on a new EU Regulation to be known as the Artificial Intelligence Act. It stipulates that the creators of deep fakes (i.e. the users of AI systems that generate or manipulate images, audio or video context so that it appreciably resembles existing persons, objects, places or other entities or events and would falsely appear to a person to be authentic or truthful) shall disclose that the content has been artificially generated or manipulated. The exception to this rule in where the use is authorised by law to detect, prevent, investigate and prosecute criminal offences or where the content is part of an evidently creative, satirical, artistic or fictional work or programme subject to appropriate safeguards for the rights and freedoms of third parties. The Council adopted a General Approach on this draft Regulation last month and trilogue negotiations with the European Parliament will start once the Parliament has agreed its approach.

The EU Commission has also adopted a Proposal for a Directive on AI Liability, and this is being considered by Member States. The Directive will provide for an individual who has been harmed by an AI system to bring a claim to the national courts thus ensuring that victims of damage caused by AI obtain equivalent protection to victims of damage caused by products in general. It is considered that this will promote the rollout of trustworthy AI and is consistent with the EU AI Act and product safety rules.

The Online Safety and Media Regulation Act 2022 was signed into law last month. This legislation provides for a new regulator, Coimisiún na Meán, and a regulatory framework for online safety. The purpose of this regulatory framework will be to tackle the availability of defined categories of harmful online content on designated online services. This includes content linked to 42 criminal offences, cyberbullying material and material promoting self-harm, suicide or eating disorders. The framework will also give effect to the parts of the EU’s revised Audiovisual Media Services Directive which deal with the regulation of video sharing platform services.

This regulatory framework will be enforced through binding online safety codes applicable to made by Coimisiún na Meán and which will be applicable to designated online services. An Coimisiún will have significant compliance and enforcement powers in this regard, including the power to seek the imposition of financial sanctions of up to €20 million or 10% of turnover.

Coimisiún na Meán will also enforce other EU laws in this area, including the Digital Services Act, referred to above, and aspects of the Regulation on Terrorist Content Online. In particular, Coimisiún na Meán will be designated as the Digital Services Coordinator under the Digital Services Act. In this way, Coimisiún na Meán will enforce robust procedural and risk management obligations for online services, including social media services, for the EU. Overall, the 2022 Act is an important development in online safety generally.

As many of the online service providers that have the greatest reach have their EU headquarters in Ireland, our regulators will play a preeminent role in the oversight and enforcement of digital regulation. The Government is committed to a coherent, robust and well resourced regulatory framework, as set out in Harnessing Digital, the national digital strategy (2022).

When it comes to the conduct of elections, the Electoral Reform Act 2022 provides a role for the Electoral Commission in the regulation of online electoral information and manipulative and inauthentic behaviour.

As these new laws start to take effect, the Government will monitor their impact to see if further or different regulation is needed.