An Garda Síochána and Coimisiún na Meán launch Information Pack with online safety advice for all general election candidates

Coimisiún na Meán and An Garda Síochána have today (08 November) published an Information Pack for all election candidates running in the upcoming General Election. The aim of this pack is to provide information on the roles of An Garda Síochána and Coimisiún na Meán, and to offer guidance for candidates on what to do when they are faced with harmful and/or illegal content or behaviour online.

The Pack has information on different types of scenarios that might arise during the campaign and what steps candidates can take. It provides includes further information on the rights of users under as part of Coimisiún na Meán’s Online Safety Framework and the reporting channels to use for various different platforms when people suspect illegal content online.

Speaking today, Deputy Commissioner, Policing Operations at An Garda Síochána, Shawna Coxon said “it is important everyone feels free to participate in the electoral process, whether they are engaging in real life or online. That is why An Garda Síochána and Coimisiun na Meán are working together to support our democracy by keeping people safe online during this election.”

John Evans, Digital Services Commissioner at Coimisiún na Meán said “it is important that people are empowered to run as candidates in any election without being discouraged by illegal abuse or behaviour online. We want our media landscape to support democracy and electoral integrity, and we hope that this information pack will help candidates understand their rights online and where to turn to for help, if needed. We’re also engaging with online platforms on their preparations for the election and we expect them to play their part in ensuring that people can make free, fair and informed choices about where to cast their vote”.

Coimisiún na Meán adopts final Online Safety Code

Coimisiún na Meán has today (21.10.2024) published the finalised Online Safety Code. The Code sets binding rules applying to video-sharing platforms who have their EU headquarters in Ireland. The general obligations contained in the Code will apply from next month and platforms will have an implementation period for certain detailed provisions, which require IT build, to come into compliance.  Coimisiún na Meán will take a supervisory approach to enforcing the Code, ensuring that platforms implement appropriate systems to comply with the provisions of the Code

 

The Code introduces obligations on video-sharing platforms to protect people, especially children, from harmful video and associated content, including:

  • Prohibiting the uploading or sharing of harmful content on their services including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia.
  • Using age assurance to prevent children from encountering pornography or gratuitous violence online and having age verification measures in place as appropriate.
  • Providing parental controls for content which may impair the physical, mental, or moral development of children under 16.

 

These platforms will also have to ensure that they have ways for people to report content that breaks the rules, and act on those reports in line with their Terms and Conditions.

The development of the Code was informed by an initial call for inputs in summer 2023, followed by a full public consultation from December 2023 to February 2024, which received nearly 1400 responses. Coimisiún na Meán’s Youth Advisory Committee was also consulted on the development of the Code. The Code was then notified to the European Commission under the Technical Regulations Information System (TRIS) Directive process to ensure alignment with the EU Digital Services Act.

They protect users from harm online. The updated Code, combined with the other parts of the Online Safety Framework, will deliver on the objectives of the Online Safety and Media Regulation Act, leading to safer online experiences for people across Ireland. The overall Online Safety Framework gives Coimisiún na Meán the tools to address the root causes of harm online, including the availability of illegal content, the harmful impacts of recommender systems, and inadequate protections for children on social media services.

The Online Safety Commissioner, Niamh Hodnett, said: “The adoption of the Online Safety Code brings an end to the era of social media self-regulation. The Code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users. We will work to make sure that people know their rights when they go online and we will hold the platforms to account and take action when platforms don’t live up to their obligations.”

Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey said: “With the adoption of the Online Safety Code, all the elements of our Online Safety Framework are now in place. Our focus now is on fully implementing the Framework and driving positive changes in peoples’ lives online. Our message to people is clear: if you come across something you think is illegal or against a platform’s own rules for what they allow, you should report it directly to the platform. Our Contact Centre is available to provide advice and guidance to people if they need help.”

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin TD commented: “I welcome Coimisiún na Meán’s adoption of its first Online Safety Code. Building upon the foundation set out in the Online Safety and Media Regulation Act 2022, this code is a major step forward in online safety. It introduces real accountability for online video sharing platforms and requires them to take action to protect those that use their platforms, including by having robust complaints handling procedures and introducing effective age-verification. It will make all of us, but particularly our children, safer online.”

Coimisiún na Meán opens review of online platforms’ compliance with EU Digital Services Act

Coimisiún na Meán is concerned that people are having difficulty reporting illegal content to online platforms. Under the Digital Services Act, online platforms are required to act on reports of illegal content in line with the law. This concern comes following an initial review, alongside information gathered from An Coimisiún’s Contact Centre and complaints passed on by other European regulators. An Coimisiún is now initiating a formal review of online platforms’ systems, to ensure that the platforms are complying with their obligations under the EU Digital Services Act (DSA).

Under the DSA, online platforms must have easy to access and user-friendly ways for users to report illegal content (Article 16 of the DSA). They must also have a clear and accessible point of contact for users to contact them (Article 12). Coimisiún na Meán is responsible for making sure that all platforms with their EU headquarters in Ireland follow these rules, while working closely with the European Commission and other online safety regulators across Europe.

Coimisiún na Meán has now issued formal requests for information to a range of platforms for further comprehensive detail on their approach to reporting options for illegal content and points of contact for users. Once the information gathering phase is complete, Coimisiún na Meán will engage with the platforms to ensure that their reporting mechanisms and point of contacts comply with the requirements of the DSA. Where concerns remain, Coimisiún na Meán can issue a compliance notice directing platforms to address any shortcomings identified in their systems and processes. If this does not lead to changes and improvements, An Coimisiún can open a formal investigation. If the investigation leads to a finding of non-compliance, Coimisiún na Meán can impose sanctions, such as a fine. An Coimisiún can also enter into a binding commitment agreement with a platform, in which the platform gives undertakings to bring its behaviour into line with the law.

John Evans, Digital Services Commissioner at Coimisiún na Meán, said “The DSA is a landmark law aimed at creating a safer and fairer online environment for users. However, its effectiveness for Irish and EU citizens hinges on the full implementation of its provisions by platforms. Of the complaints we have from people in Ireland and across Europe about online platforms, one in three are about problems when reporting illegal content online. We are intervening now to ensure that platforms follow the rules so that people can effectively exercise their rights under the DSA.’’

Niamh Hodnett, Online Safety Commissioner at Coimisiún na Meán, said “We are committed to using the full range of powers available under our Online Safety Framework to hold platforms to account for keeping people safe online. Through the DSA, our upcoming Online Safety Code and the EU Terrorist Content Online Regulation, we are working towards a digital landscape where adults and children can go online without fear of being harmed by the content or behaviour they come across. When people see illegal content, they should report it to the platform where they saw it and if they aren’t satisfied with the platform’s response, or if they can’t find an easy way to report the content, they should get in touch with us.”

The platforms being contacted at this point are:

Info

 

 

Platform Article 12 Article 16
TikTok Yes Yes
X Yes Yes – where there is no overlap with ongoing European Commission investigation
YouTube Yes Yes
Meta Yes No, subject to an ongoing European Commission investigation
LinkedIn Yes Yes
Temu Yes Yes
Pinterest Yes Yes
Shein Yes No, subject to an ongoing European Commission review
Etsy Yes Yes
Dropbox Yes Yes
Hostelworld Yes Yes
Tumblr Yes Yes