Home > Report on pre-legislative scrutiny of the General Scheme of the Online Safety and Media Regulation Bill 2020.

Joint Committee on Tourism, Culture, Arts, Sport and Media. (2021) Report on pre-legislative scrutiny of the General Scheme of the Online Safety and Media Regulation Bill 2020. Dublin: Houses of the Oireachtas.

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In its report, the Committee makes 33 recommendations across the areas addressed in the legislation, including specific provisions concerning the establishment and operation of the proposed content levy, individual complaints mechanisms, regulation of illegal and harmful content, advertising standards, the functions of the Media Commission and in particular the establishment of an Online Safety Commissioner. The recommendations also cover the integration of the Broadcasting (Amendment) Bill 2019 with the Online Safety and Media Regulation Bill and the transposition of the revised European Audiovisual Media Services Directive. 

The key recommendations made by the Committee include the following: 

  • Specific provisions are made within the Bill for the means of collecting the content levy, the party responsible for the collection of the levy, the percentage value of the levy, and the providers liable to pay the levy;
  • That content levy-funded schemes be contestable exclusively among independent producers;
  • Provisions be made for an individual complaints scheme within the General Scheme of the Bill, and that these provisions be responsive to the needs and protection of children and other vulnerable groups, and that these include effective takedown procedures and other appropriate measures;
  • Head 52A of the General Scheme of the Bill be amended to add a requirement that online social media platforms provide a quarterly report to the Media Commission on their complaints handling.
  • The Bill be altered to remove exclusions of defamatory content, as well as of violations of data protection, privacy, consumer protection, and copyright law;
  • All reference to intention be excluded from definitions of categories of online harmful content;
  • Disinformation and financial harm, to include gambling, be included as categories of harmful online content;
  • Explicit reference be made to prevalence and placement of online content in considerations of harmful content.
  • Head 49C of the General Scheme be amended to indicate a minimum age for a child to be permitted to create an account with designated online services.
  • Head 19 of the General Scheme of the Bill is amended to include the position of the Online Safety Commissioner.
  • The Media Commission and the Online Safety Commissioner should be satisfactorily resourced, with the level of staffing and expertise adequate to allow optimal operational capacity and enforcement.
  • A ban on advertising to children online, including, at the very minimum, advertisements of junk food, alcohol, high fat/salt/sugar (HFSS) foods, and gambling. The Bill should also include a moratorium on advertising infant formula products online and the prohibition of any form of profiling or tracking children’s data.
Item Type
Report
Publication Type
Irish-related, Guideline, Report
Drug Type
All substances, Behavioural addiction
Intervention Type
Harm reduction
Date
November 2021
Pages
92 p.
Publisher
Houses of the Oireachtas
Corporate Creators
Joint Committee on Tourism, Culture, Arts, Sport and Media
Place of Publication
Dublin
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