Online and social media companies to face massive fines if they breach safety laws

Coimisiún na Meán, which has taken over the role of the former Broadcasting Authority of Ireland, has today set out its plans to enhance online safety and to regulate and support the Irish media sector.

The coimisiún also has responsibility for regulating the many large online platforms and search engines that have an established European HQ here.

For the first time, online service providers will have legally binding obligations to take steps that make the internet safer for everyone.

"Harmful and illegal online content is an international problem. Our job is to regulate service providers based in Ireland, to make the internet safer for people here and across the EU. An Coimisiún will adopt a binding online safety code to address harmful content on video-sharing platforms, and we will enforce the new EU Digital Services Act in respect of a wider range of harms,” Executive Chairperson Jeremy Godfrey said.

“We will particularly focus on keeping children safe. We will also work closely with our counterparts in other EU member States and with the European Commission, so that Irish users are protected, wherever the providers are based,” he added.

Mr Godfrey said that the online safety code and the Digital Services Act will have real teeth, and if service providers do not take appropriate steps to reduce online harms they face fines of up to €20m or 10pc of relevant turnover under the online safety code, whichever is the greater, or 6pc of worldwide turnover if being prosecuted under the new EU Digital Services Act.

The new Coimisiún na Meán will have links to, and the backing of, similar organisations in the EU in fulfilling its roles.

Speaking at the launch of its work programme for the next nine months, Online Safety Commissioner Niamh Hodnett said the purpose of the coimisiún’s first online safety code is to bring about a reduction in harmful content, in particular video sharing platform services.

“I think we've all seen that the impact on mental health, especially on the mental health of our children, by the amplification of harmful content online, such as toxic beauty, self-harm, suicide ideation, or cyber bullying where there's no respite, is indeed great.

"And the impact of misogynistic content online deters women from taking on public roles. It has been seen that the impact of incitement to hatred and racism online can lead to real world physical harm.

“Children are accessing age-inappropriate pornographic content, and this is distorting their understanding of consent. We all can do better. The online safety code will be aimed at reducing harmful content online,” she added.

New regulations are also being introduced to make the complaints process in relation to online content and social media more user-friendly and transparent.

Regulation in relation to broadcasting will also be extended to cover on-demand services, as well as traditional TV, reflecting significant changes in viewing habits in recent years.

“Viewing habits are changing rapidly. Traditional television is still an important collective national experience. But viewers are spending more of their time watching content through on-demand services. We will update and adapt the rules for traditional broadcasting so that they also apply to video-on-demand, and we will look at whether there should be rules that make public service content easier to find for those using on-demand user interfaces,” Mr Godfrey said.

Support for the wider media sector will be extended as part of the coimisiún’s role, with funding schemes for local journalism, a review of Irish language services, and a strategy to promote gender equality and diversity, and Inclusion in the media.

Minister for Media Catherine Martin has welcomed the publication of the coimisiún’s work programme.

“The enactment of the Online Safety and Media Regulation Act 2022 last December laid the foundation for a new regulatory framework for online safety. Building a safer online environment for all, but in particular for children, has been one of my priorities as minister,” she said.