Written answers

Thursday, 3 April 2025

Department of Culture, Heritage and the Gaeltacht

Online Safety

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein)
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233. To ask the Minister for Culture, Heritage and the Gaeltacht whether provisions within the Online Safety and Media Regulation Act 2022 relating to the advertisement or display of harmful online content apply to the advertisement of weapons of war or munitions, including through the solicitation of donations to purchase such items; and if he will make a statement on the matter. [16441/25]

Photo of Patrick O'DonovanPatrick O'Donovan (Limerick County, Fine Gael)
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The Department of Justice has responsibility for the development of legislation and policy related to firearms, including administering the Firearms Acts 1925 to 2009 and related legislation. In particular, firearms may only be purchased by licensed persons and only be sold by registered Firearms Dealers.

The Online Safety and Media Regulation (OSMR) Act 2022 provided for the establishment of Coimisiún na Meán, Ireland’s new online safety and media regulator and transposed the EU Audio-Visual Media Services Directive (AVMSD). It sets out obligations for video sharing platform services (VSPS) to protect users, including children and young people, from harmful online content.

The Act does not specifically refer to the advertisement of weapons of war or munitions, including through the solicitation of donations to purchase such items. Rather it sets out a range of requirements with regard to protections in relation to both user-generated content and audiovisual commercial communications which may impair the physical, mental or moral development of children or may incite violence or hatred. An Coimisiún implements these obligations and requirements in Ireland through the online safety code which it adopted in October 2024 and it is for An Coimisiún to decide if any such communication breaches the online safety code. An Coimisiún is independent in the discharge of its functions.

Alongside the OSMR Act, the Digital Services Act (DSA) is an EU Regulation that introduces new obligations on providers of online intermediary services. An Coimisiún is Ireland’s Digital Services Coordinator under the DSA. The DSA places obligations on platforms to allow users to notify them of illegal content which the service must then review and decide on appropriate action in a timely and objective manner. It should be noted that the DSA does not itself define what is illegal – rather it applies to content already defined as illegal in other European or national law - and therefore does not specify that the advertisement of weapons of war or munitions or solicitation of donations to purchase such items, is illegal content. The Department of Enterprise, Trade and Employment has policy responsibility for the DSA.

The OSMR Act, the online safety code and the DSA, along with the Terrorist Content Online Regulation (TCOR) are part of Ireland's online safety framework. Under the framework, platforms have a legal obligation to have rules about acceptable content and include them in their terms and conditions, which they must then enforce. Platforms must also provide mechanisms for users to report content they consider is in breach of the rules.

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