Sinéad Gibney (Dublin Rathdown, Social Democrats)
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307. To ask the Minister for Enterprise, Trade and Employment his Department’s position on regarding platforms as publishers to ensure better accountability for tech companies for the content they allow on their websites; and if he will make a statement on the matter. [34941/25]

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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The EU Digital Services Act (DSA) is an EU regulation under the remit of my Department, 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 specific rules for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) that reach 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 DSA maintains the existing liability exemptions established under the e-Commerce Directive for intermediary service providers. This means that these providers are not held liable for content transmitted or hosted on their platforms, provided that they are unaware the content is illegal or infringing, or they promptly remove or block access to that content once aware that it is illegal or infringing.

The DSA confirms that providers do not forfeit these liability protections by engaging in voluntary monitoring of content. However, if illegal or infringing material is identified through such monitoring, providers must act promptly to remove it in order to retain their exemption from liability. The regulation also makes clear that there is no general obligation for providers to proactively monitor content on their services.

The DSA does not define what illegal content is, this is set out in other national and European Laws. However, the DSA places an obligation on intermediary service providers to put in place notice mechanisms that allow users to notify them of the presence on their service of specific items of information that the user considers to be illegal content. Providers are then required to assess these notices in a timely, diligent, objective, and non-arbitrary manner.

Once the provider becomes aware of the presence of illegal content on its service, then the provider becomes liable for the illegal content unless it acts expeditiously to remove or to disable access to this content.

The Digital Services Act 2024 designated Coimisiún na Meán as Ireland’s Digital Services Coordinator for the DSA. An Coimisiún has powers to investigate providers in instances where they suspect they have not adhered to the aforementioned obligations. Under the DSA, an Coimisún has powers to impose fines of up to €20 million or up to a max of 6% of the provider’s turnover, whichever is greater, if they find that the provider has contravened any of these DSA obligations.

The Department supports the DSA as a balanced and proportionate framework for ensuring accountability of online platforms while safeguarding freedom of expression and innovation.