Written answers
Tuesday, 29 April 2025
Department of Enterprise, Trade and Employment
Social Media
Pádraig Rice (Cork South-Central, Social Democrats)
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711. To ask the Minister for Enterprise, Trade and Employment to provide an update on ongoing or upcoming legislative measures aimed at improving the regulation of social media platforms, particularly with respect to content-recommender algorithms; how the EU’s Digital Service Act is being enforced; and if he will make a statement on the matter. [19429/25]
Peter Burke (Longford-Westmeath, Fine Gael)
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The EU Digital Services Act (DSA) is an EU regulation that introduces new obligations on providers of online intermediary services, including online social media platforms, to protect users and consumers of online services. The DSA is designed to provide better protection of fundamental rights; more control and choice over online experiences; stronger protection of children online; and expedited removal of illegal content. The regulation has applied in full since 17 February 2024.
The DSA introduces additional rules specifically for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs), reaching more than 10% of the 450 million consumers in Europe, in view of the elevated risks they pose for the dissemination of illegal and harmful content. The European Commission has responsibility for supervising and enforcing the obligations that apply to Very Large Online Platforms and Very Large Online Search Engines.
The Digital Services Act 2024 designated Coimisiún na Meán as its Digital Services Coordinator for the DSA, and the Competition and Consumer Protection Commission as a second competent authority with responsibility for provisions in the DSA applying to online marketplaces.
The Digital Services Act 2024 empowers Coimisiún na Meán and the Competition and Consumer Protection Commission to investigate providers established in Ireland where they have grounds to suspect an infringement of the DSA. They have the power to impose administrative sanctions up to a maximum of 6% of the provider’s annual turnover for a failure to comply with an obligation under the DSA.
Coimisiún na Meán and the Competition and Consumer Protection Commission are independent in the performance of their functions.
The DSA contains provisions that specifically address recommender systems. Platforms must explain in their terms and conditions, in plain and understandable language, the main parameters their systems use to suggest content. They must also provide options for users to change or influence these parameters. Additionally, VLOPs/VLOSEs that that use recommender systems must allow users, including minors, the option to use recommender systems that do not rely on profiling.
Providers of online platforms accessible to minors are obliged to put in place appropriate and proportionate measures to ensure a high level of privacy, safety, and security of minors, on their service. This also includes a ban on adverts based on profiling when the user is a minor.
The DSA requires all VLOPs/VLOSEs to conduct a yearly assessment to identify potential systemic risks associated with the design of their recommender systems and any other relevant algorithmic system. This includes risks associated with the dissemination of illegal content, infringements on fundamental rights, negative effects on public discourse and electoral processes, gender-based violence, public health, and the protection of minors. They must then put in place effective mitigation measures to address these systemic risks.
To assist with enforcement of these obligations, the European Commission established the European Centre for Algorithmic Transparency (ECAT). The Centre provides technical expertise, scientific research, and foresight on emerging risks to support the Commission's exclusive supervisory and enforcement role of the systemic obligations on VLOPs/VLOSEs. This collaboration aims to enhance the transparency and accountability of algorithmic systems, thereby contributing to a safer and more trustworthy online environment for all users.
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