Publication
Consultation on an individual complaints mechanism
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
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The Online Safety and Media Regulation Bill sets out a systemic regulatory framework for online safety. This framework empowers Coimisiún na Meán (the Media Commission) to tackle the availability of defined categories of harmful online content through binding online safety codes and other measures. These codes will set out rules and expectations for how designated online services can make their services safer, including in relation to standards for complaints handling.
An Coimisiún will have robust powers of investigation and sanction, including the ability to audit designated online services in respect of their handling of complaints. In addition, An Coimisiún is obliged to create a super-complaints scheme under which nominated bodies can formally bring issues to the attention of the regulator.
The categories of harmful online content covered by the Bill includes offence-specific content linked to a schedule of 40 criminal offences and a number of other categories of content, including cyberbullying content, content promoting suicide or self-harm or providing instructions in relation to such, and content promoting eating disorders. These latter categories are subject to a risk test regarding risk to life or a reasonably foreseeable risk to physical or mental health. The Bill provides that all determinations about whether any particular online content is harmful is to be done on the balance of probabilities. The Bill provides for a process by which further categories of content may be specified, subject to Oireachtas oversight.
The services covered by the Bill include Video-Sharing Platform Services (e.g. YouTube, TikTok, Twitter, Instagram), which are required to be regulated as a category under the revised Audiovisual Media Services Directive in respect of their video content. In addition, An Coimisiún is provided with the power to designate a wide range of other online services which facilitate access to user-generated content on the basis of risk assessments. This includes the designation of VSPS in respect of their non-video content.
The purpose of the expert group, as established by the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin, is to examine the possibility of providing for an individual complaints mechanism in the Online Safety and Media Regulation Bill. See the terms of reference of the expert group.
In that context, the expert group is particularly focused on the practicalities and potential operation of an individual complaints mechanism and is seeking structured input on those matters. In this regard, the expert group would ask respondents to limit their input to these matters with reference to the terms of reference of the expert group and the suggested questions.
The period for consultation opens on 28 February 2022 and ends on 21 March 2022. Respondents can submit their input to the expert group by email to the following email address: onlinesafetyconsultation@tcagsm.gov.ie and also online.
Please note that responses to this consultation are subject to the provisions of the Freedom of Information Act 2014 (FOI), Access to Information on the Environment Regulations 2007-2018 (AIE) and the Data Protection Act 2018.
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