Written answers

Tuesday, 4 November 2025

Department of Enterprise, Trade and Employment

Artificial Intelligence

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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575. To ask the Minister for Enterprise, Trade and Employment the steps his Department is taking to protect Irish artists, writers, and performers from the unauthorised use of their work, likeness, or voice in artificial intelligence-generated content; and if he will make a statement on the matter. [57907/25]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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My Department recognises both the transformative potential and the challenges posed by AI. Whilst the use of generative AI tools can have distinct benefits and advantages; I recognise the significant potential for the misuse of such tools.

Ireland’s legislative approach to AI, copyright and digital regulation generally, is closely aligned with developments at the European Union level.

While some protections exist under existing laws, the Department is actively considering the recommendations of Ireland’s AI Advisory Council, which has advised that the Government explore specific legal provisions to prohibit the creation of deepfakes of individuals without their consent.

For example, the Harassment, Harmful Communications and Related Offences Act 2020 (“Coco’s Law”), already provides a legal basis for addressing certain uses of AI-generated content, including deepfakes which are of an intimate nature.

From August 2026, Article 50 of the EU AI Act requires generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such, which is an important step in being able to recognise the authenticity of content.

My Department is also actively engaged in EU level discussions in this area.

Earlier this year, the current Danish Presidency issued a policy questionnaire on the implementation of aspects of the Copyright in the Digital Single Market (CDSM) Directive that included a question on whether a specific EU-related right for the likeness of performers enabling them to choose to license their personality rights/features.

This questionnaire was circulated to Irish stakeholders and their input has been conveyed to the Presidency.

This additional protection via copyright law has been proposed at national level in Denmark in order to protect Danish performers’ rights. A Bill to this effect has been submitted to the European Commission to assess its alignment with existing EU laws.

These discussions will feed into the review of the 2019 Copyright in the DSM Directive, which is currently underway by the European Commission. Whilst this process is at a very early stage, it may result in proposed changes to EU copyright laws, including in response to technological developments and AI.

Engagement with stakeholders in Ireland will continue at all stages of this process, further informing Ireland’s ongoing policy development in this area.

The Department remains committed to ensuring that AI technologies are developed and used in a manner that is ethical, transparent, and aligned with both national and EU legal frameworks.

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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576. To ask the Minister for Enterprise, Trade and Employment his plans to introduce specific legislation or regulations to safeguard creative professionals against the misuse of artificial intelligence technologies in the arts and entertainment industries, particularly in relation to consent, credit, and fair remuneration; and if he will make a statement on the matter. [57908/25]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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The Copyright and Related Rights Act 2000, as amended, which implements both EU and international law, provides robust protection for copyrighted works.

As an EU Member State, Ireland has implemented the Directive on Copyright in the Digital Single Market, transposed by S.I. No. 567/2021, which introduced a Text and Data Mining (TDM) exception that allows commercial companies to use copyrighted material under certain conditions unless rightsholders explicitly opt out.

I am aware that in practice certain rights holders are experiencing challenges in exercising their right to opt out.

Whilst there are numerous technical tools emerging that would allow this to operate more efficiently and effectively, further work is needed to reach a consensus across industry on these.

To this end, efforts are currently underway by the relevant EU authorities in this space, which are we actively supporting. This includes the preparation of a feasibility study on the development of a register for a Text and Data Mining opt out.

The EU AI Act, which came into force in August of this year, also strengthens copyright protections.

These provisions will require general purpose AI providers to put in place a policy to comply with EU copyright law, and document technical information about the model for the purpose of providing that information upon request to the AI Office and national competent authorities.

In addition, the “Code of Practice for General-Purpose AI Models” clarifies obligations under the AI Act, including in relation to copyright and transparency.

Under the terms of this Code of Practice, signatory organisations undertake to deploy web-crawling technologies that are designed to recognise and adhere to directives set out in the Robot Exclusion Protocol (robots.txt), and to engage in development of further appropriate machine-readable standards and protocols to support application of the opt out.

From August 2026, further obligations will apply, requiring generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such.

Separately, the European Commission has begun a review of the Copyright in the Digital Single Market Directive. This Department is engaging with stakeholders to ensure that account is taken of their views and will continue to do so at all stages of the review.

I believe that the recent measures of the AI Act are another important step towards a harmonised regulatory baseline for trustworthy and transparent AI across the European Union.

My officials are closely monitoring legal, policy, and technical developments, engaging in EU and international discussions to balance innovation with creators’ rights, and prioritising ongoing engagement with industry.

The Government is committed to ensuring that Irish copyright law continues to support innovation while upholding the rights of those whose work fuels our creative industries.

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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577. To ask the Minister for Enterprise, Trade and Employment the way in which his Department is engaging with representative bodies (details supplied) to ensure that developments in AI do not undermine employment opportunities, intellectual property rights, or creative integrity in the sector; and if he will make a statement on the matter. [57909/25]

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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578. To ask the Minister for Enterprise, Trade and Employment the assessment which has been made of the impact of artificial intelligence on employment and workers' rights within Ireland's film, television, and performing arts industries; if his Department will commission a study on this issue; and if he will make a statement on the matter. [57910/25]

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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579. To ask the Minister for Enterprise, Trade and Employment if he will ensure that public funding provided to screen and television productions through an agency (details supplied) or Section 481 tax relief includes clear safeguards preventing the unregulated use of AI-generated performers, voices, or scripts. [57911/25]

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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581. To ask the Minister for Enterprise, Trade and Employment if his Department plans to develop a national policy framework on the ethical use of artificial intelligence in the creative industries, to safeguard cultural workers and audiences against exploitation and misinformation; and if he will make a statement on the matter. [57913/25]

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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583. To ask the Minister for Enterprise, Trade and Employment if his Department will consider providing targeted funding, training, or digital literacy supports to help Irish artists and creative professionals adapt to AI technologies while ensuring their rights and intellectual property remain protected; and if he will make a statement on the matter. [57915/25]

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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584. To ask the Minister for Enterprise, Trade and Employment if he will consider establishing an advisory panel on AI and the Arts, comprising representatives from the arts, technology, and legal sectors, to guide policy development and promote ethical standards; and if he will make a statement on the matter. [57916/25]

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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I propose to take Questions Nos. 577, 578, 579, 581, 583 and 584 together.

Ireland’s National AI Strategy adopts a whole-of-Government approach, recognising that AI is a cross-cutting technology that has implications across a broad range of sectors. As such, sectoral policy issues with an AI component are the responsibility of each relevant line department.

In February 2025 the AI Advisory Council submitted a report to Government entitled Ireland’s AI Advisory Council Recommendations – Helping to Shape Ireland’s AI Future.

It outlines the Council’s policy recommendations to accelerate AI adoption in Ireland while safeguarding our economy, workforce, and society.

Covering six thematic areas, including AI’s impact on the creative sector, the work of the AI Advisory Council and their report spans a broad range of policy responsibilities across multiple Departments.

While my Department provides secretariat support to the Council, the Council is independent of Government. Their recommendations are a matter for relevant line Departments in accordance with their respective responsibilities.

Responsibility for Arts and Culture policy, including funding and supports to the creative sector, falls under the remit of my colleague Minister Patrick O’Donovan, who is best placed to provide a response to the Deputy in relation to the various issues he has raised about AI and the creative sector.

More generally, I am acutely aware of the concerns around the potential impact of AI on the broader labour market.

My Department has commissioned research, in collaboration with the ESRI and the National Competitiveness and Productivity Council, on the potential impacts of AI on the broader economy. It is expected that the results of this research, expected in early 2026, will provide valuable insights to inform future policy discussions.

Furthermore, the recently published Action Plan on Competitiveness and Productivity includes a strategic action to establish an AI Observatory in Ireland, which will deliver real-time, evidence-based insights on a wide range of AI metrics, including labour market dynamics. This will greatly assist Government to develop and implement national AI priorities, including jobs policy, in the years ahead.

Ireland has a robust suite of employment rights legislation in place that protects all workers, including those employed in the film, television and performing arts industries. The legislation is applied horizontally across all sectors. It is important to note that all employers, regardless of sector, are responsible for ensuring that their employees receive the protections afforded to them under employment legislation. If workers have concerns that their employment rights have been breached, they have the entitlement to refer a complaint to the Workplace Relations Commission for an adjudication and remedies, where appropriate.

I want to also advise the Deputy that the Department of the Taoiseach is currently updating the National Digital and AI Strategy. The Strategy will outline Ireland’s vision for Digital and AI across government, to ensure continued growth and investment over the coming years. It will set more ambitious national targets in key areas and will have a significant focus on AI throughout. Targeted stakeholder consultation has been carried out and it is expected the new Strategy will be completed by the end of the year.

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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580. To ask the Minister for Enterprise, Trade and Employment whether AI-related protections will be incorporated into future industry agreements and collective bargaining frameworks to protect writers, actors, and technical crew from having their work or likeness digitally replicated without consent; and if he will make a statement on the matter. [57912/25]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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It has been the consistent policy of successive Irish governments to promote collective bargaining through the development of an institutional framework supportive of a voluntary system of industrial relations, premised upon freedom of contract and freedom of association.

An Action Plan to promote collective bargaining in line with our obligations under the EU Directive on Adequate Minimum Wages is currently being developed. The Government has committed to publishing the action plan by the end of 2025. A public consultation on the possible content of the action plan was held by my Department. My Department is engaging with the creative sector as part of the development of the action plan and as part of the EU level review of the Copyright in the Digital Single Market Directive.

The Copyright and Related Rights Act 2000 (CRRA), which implements both EU and international law, provides robust protection for copyrighted works.

The European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016, when transposed into Irish law (S.I. No. 156 of 2016,) ensured stronger protection for rightsholders and better functioning of collective management organisations (CMOs).

These legal mechanisms support the negotiation and enforcement of fair terms for the use of creative works.

Although the CRRA does not mandate collective bargaining, it enables it by recognising collective rights management, allowing for standardised licensing terms.

These tools can be leveraged by rightsholder organisations and unions to negotiate sector-wide agreements that protect creators.

In parallel, my Department is currently considering the recommendations of Ireland’s AI Advisory Council, which has advised that the Government consider advised that the Government to consider introduction of a specific legal provisions to prohibit the misuse of individuals’ voice or image without their consent.

The EU AI Act, which came into force in August of this year, also strengthens copyright protections.

Article 50 of this Act, which apply from August 2026, will require generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such, which is an important step in being able to recognise the authenticity of content.

In addition, the “Code of Practice for General-Purpose AI Models” clarifies obligations under the AI Act, including in relation to copyright and transparency.

My officials are closely monitoring legal, policy, and technical developments, engaging in EU and international discussions to balance innovation with creators’ rights, and prioritising ongoing engagement with industry.

The current Danish Presidency issued a policy questionnaire on the implementation of aspects of the Copyright in the Digital Single Market (CDSM) Directive that included a question on whether a specific EU-related right for the likeness of performers enabling them to choose to license their personality rights/features.

This questionnaire was circulated to Irish stakeholders and their input has been conveyed to the Presidency. These discussions will feed into the review of the 2019 Copyright in the DSM Directive, which is currently underway by the European Commission

Danish officials are also currently exploring the potential of a new protection via copyright law at national level aimed at protecting Danish performers’ rights. A Bill to this effect has been submitted to the European Commission to assess its alignment with existing EU laws.

The Irish Government have voiced our support for the introduction of such legislation at EU level proposal. We are committed to ensuring that Irish copyright law continues to support innovation while upholding the rights of those whose work fuels our creative industries.

Photo of Robert O'DonoghueRobert O'Donoghue (Dublin Fingal West, Labour)
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582. To ask the Minister for Enterprise, Trade and Employment if he has engaged with the European Commission or Creative Europe on developing harmonised EU standards for the ethical and transparent use of AI in cultural production and copyright protection; and if he will make a statement on the matter. [57914/25]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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The EU AI Act, which came into force on 2 August 2024, includes provisions related to general-purpose AI requiring general purpose AI providers to put in place a policy to comply with EU copyright law, and to document technical information about the model for the purpose of providing that information upon request to the AI Office and national competent authorities, and to make publicly available a completed template for General-Purpose AI model providers to summarise the data used to train their model.

The Text and Data Mining (TDM) exception, introduced under the 2019 Copyright in the Digital Single Market (DSM) Directive, allows commercial companies to use copyrighted material under certain conditions unless rightsholders explicitly opt out.

We recognise that, in practice, rights holders are experiencing challenges in exercising their right to opt out. The EU Intellectual Property Office’s study on generative artificial intelligence and copyright, issued in May of this year, documented the emerging technical tools that would allow this to operate more efficiently and effectively, and further work is needed to reach a consensus across industry on these. The European Commission is currently conducting a feasibility study on the establishment of a TDM opt out register.

As part of the AI Act, the Code of Practice for General-Purpose AI Models was developed to clarify clarifies obligations for model providers, including in relation to copyright and transparency. Signatories of the Code of Practice undertake to respect the Robot Exclusion Protocol (robots.txt) as defined by the Internet Engineering Task Force (IETF), and other emerging standards. The Code of Practice was prepared by independent experts in close consultation with the AI Office and stakeholders, including rightsholders representative bodies. It was approved by the European Commission and Member States.

From August 2026, a further obligation will apply under article 50 of the AI Act requiring generative AI systems to digitally watermark AI-generated content to ensure that it is clearly identifiable as such. A standardisation request was made by the Commission to CEN-CENELEC (European standardisation bodies) to develop the necessary standard to give effect to this and other aspects of the AI Act. The National Standards Authority of Ireland (NSAI) is a member of the CEN-

CENELEC. Irish experts and stakeholders contribute to the development of standards for artificial intelligence through their participation in its Joint Technical Committee 21 (JTC 21).

Separately, the European Commission has begun its review the Copyright in the Digital Single Market Directive. This Department is engaging with stakeholders to ensure that account is taken of their views and will continue to do so at all stages of the review.

We believe that the recent measures of the AI Act are an important step towards a harmonised regulatory baseline for trustworthy and transparent AI across the European Union, and these will be complemented by efforts to strengthen the practical operation of the TDM exception opt out, including via emerging technical standards. The ongoing monitoring and review of the extent to which the implementation of the AI Act is meeting its objectives will be vital in identifying any shortcomings that may emerge, and this Department will continue to work closely with the European Commission and engage with stakeholders.

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