Aindrias Moynihan (Cork North-West, Fianna Fail)
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2048. To ask the Tánaiste and Minister for Justice and Equality the measures being considered on the circulation of graphic or distressing footage on social media, relating to tragic accidents-incidents; and if he will make a statement on the matter. [42350/25]

Aindrias Moynihan (Cork North-West, Fianna Fail)
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2049. To ask the Tánaiste and Minister for Justice and Equality the up-to-date position on the implementation of the Online Safety and Media Regulation Act 2022 regarding harmful content sharing and victim protection; the means by which compliance is monitored; and if he will make a statement on the matter. [42351/25]

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I propose to take Questions Nos. 2048 and 2049 together.

The circulation of graphic or distressing footage on social media in the aftermath of tragic accidents is a deeply troubling trend, and one that causes immense distress to victims’ families and the wider public. It reflects a disregard for the dignity of those involved and can compound the grief and trauma experienced by loved ones.

While the act of recording and sharing such material may not always constitute a specific criminal offence, there are legal provisions that may be applicable in certain circumstances. Section 10 of the Non-Fatal Offences Against the Person Act 1997, which addresses harassment, may be relevant where the sharing of such material is persistent or targeted in a manner likely to cause serious distress.

Beyond the existing criminal law, significant steps have been taken to regulate harmful content online. The Online Safety and Media Regulation Act under the remit of the Department of Culture, Communications and Sport, came into force in March 2023. This represents a major shift away from industry self-regulation. It created a strong independent regulator, Coimisiún na Meán, which is tasked with holding online platforms to account. Part B of Coimisiún na Meán’s Online Safety Code was put in place on 21st July and applies to designated video-sharing platforms that are headquartered in Ireland.

It includes obligations for platforms to put measures in place against harmful online content such as cyberbullying, incitement to hatred or violence and child sex abuse material, as well as implement robust age assurance methods. This will require the platforms to put meaningful measures in place to ensure that content that shouldn’t be seen by under 18s, like pornography and extreme violence, isn’t accessible to children. The code also makes it clear that self-declaration is no longer an acceptable form of age verification and that it is up to platforms to ensure that the age assurance methods they are using are robust and privacy protecting.

In addition, the EU Digital Services Act, under the remit of the Department of Enterprise, Tourism and Employment, obliges online platforms to act swiftly in removing illegal content and to assess and mitigate systemic risks. Ensuring compliance with these obligations - particularly the prompt detection, banning, and removal of harmful or unlawful content - is a key priority.

Coimisiún na Meán, as Ireland’s Digital Services Coordinator under the Act, works closely with the European Commission to regulate platforms operating within the EU. Breaches of the Digital Services Act can result in significant penalties, including fines of up to 6% of a platform’s global turnover, while non-compliance with the Online Safety and Media Regulation Act can attract fines of up to 10% of relevant turnover.

While the Government has not, at this time, proposed new legislation to create a specific offence for the non-consensual recording or distribution of imagery from accident scenes, the Private Member’s Bill introduced by Deputy Duncan Smith, the Protection of Accident Victims from Non-Consensual Recording of Images Bill, is a serious and well-intentioned proposal that the Government did not oppose.

That said, it is important to ensure that any new offence being considered, is framed in a constitutionally sound, proportionate way, and is capable of being effectively enforced. There are complexities, including how best to balance privacy and dignity with the rights to freedom of expression and the public interest in transparency. These must be carefully weighed in any legislative response.