Catherine Martin (Dublin Rathdown, Green Party)
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In terms of the measures to address misinformation and disinformation, the Online Safety and Media Regulation Act was passed in December 2022 and provided for the establishment of Coimisiún na Meán, Ireland’s new online safety and media regulator. An Coimisiún will be prioritising the online safety of children and addressing harmful online content like disinformation. An Coimisiún is independent in the exercise of its functions.

An Coimisiún was formally established in March 2023 with the commencement of the Act. On 8 December, An Coimisiún published its first draft online safety code which sets out rules for how designated online services deal with defined categories of harmful online content, including extremist content like hate speech, threats and incitement to violence. The code (and online safety guidance materials) also addresses harmful and age-inappropriate online content, including cyberbullying material, content promoting suicide, self-harm or eating disorders and pornographic material.

Failure to comply with an online safety code can lead to the imposition of significant financial sanctions of up to €20 million or 10% of turnover and continued non-compliance can lead to criminal penalties. An Coimisiún expects to adopt this code in the first half of 2024.

Alongside the OSMR Act, since August 2023, the EU Digital Services Act (DSA) Digital Services Act applies to very large online platforms. It will apply to all platforms from February 2024. Under the DSA, the European Commission and An Coimisiún (as Digital Services Coordinator) share responsibility for supervising the Very Large Online Platforms (VLOPs). Very large platforms have extra obligations under the DSA, in terms of having to do risk assessments and take mitigation measures in respect of illegal online content, harmful content like disinformation and the exposure of children and young people to age-inappropriate content. Their risk assessment and mitigation plans are currently being assessed by the European Commission. These services must then address this risk of this exposure through a range of mitigation measures, including age-verification or age-assurance.

On 5 December 2023, the Government published the Digital Services Bill to provide for the EU Digital Services Act in Ireland’s national law and to formally designate Coimisiún na Meán as Digital Services Coordinator.

More broadly at European level, in May 2022, the European Commission launched a new European Strategy for a Better Internet for Kids. This Strategy places a strong focus on providing age-appropriate online experiences. In order to facilitate age verification, the European Commission has committed to work with Member States and promote EU standardisation in order to strengthen effective age-verification methods. In particular, the Commission has committed to facilitating a comprehensive code of conduct on age-appropriate design by 2024 and indicated that the code could provide for age verification for accessing certain online content.

Finally, in order to address the spread with disinformation, there is a need for co-ordination of a range of existing and new initiatives. This was recognised in the Future of Media Commission report which recommended a national counter disinformation strategy. In fulfilment of that recommendation, an independently chaired working group was established in February 2023 to draft a strategy which aims to coordinate national efforts to combat disinformation and provide a joined-up approach. The Group has met regularly since establishment, held an online public consultation and a stakeholder consultation forum and aims to publish the strategy in Q1 2024.

This suite of regulation and initiatives will go a long way to reducing the availability of harmful online content and in particular, the exposure of children to such content, and when fully implemented over the coming period, will serve to keep them safer online.