Online Safety and Media Regulation Bill

1. Background

2. Stakeholder consultation

3. Online safety

4. Audiovisual media

5. Integration of the Broadcasting (Amendment) Bill, 2019

6. Key features of the Bill

7. Online Safety and Media Regulation Bill

8. General Scheme of the Online Safety Media Regulation Bill

9. Additional Heads of Bill

10. OSMR Regulatory Impact Analysis

11. OSMR Regulatory Impact Analysis Annex

12. Audiovisual Media Services Directive Explainer

13. Audiovisual Media Services Directive and OSMR correlation table

14. OSMR Regulatory Framework Online Safety Graphics

15. OSMR Online Safety Workshop Summary June 2020

Background

Following Government approval of additional provisions on 8 December 2020, the finalised General Scheme was published by the Minister. The finalised General Scheme was forwarded to the Office of the Attorney General so that they may continue detailed drafting of the Bill. The finalised General Scheme was also referred to the relevant Joint Oireachtas Committee for pre-legislative scrutiny. The Joint Oireachtas Committee have since completed pre-legislative scrutiny

In addition, on 18 May 2021 the Government approved the integration of the Broadcasting (Amendment) Bill, 2019, into the Online Safety and Media Regulation Bill and the introduction of three further Heads of Bill. The Office of the Attorney General will incorporate these provisions into the Bill as part of the detailed legal drafting process.

The Government approved the publication of the Bill on 12 January 2022. The Bill was then initiated in Seanad Éireann on 25 January 2022 for consideration for enactment.

Stakeholder consultation

Input from and engagement with stakeholders, whether they are members of the public, companies, NGOs or other government organisations, has been vital to the development of the development of the Online Safety and Media Regulation Bill. This will remain true going forward.

Examples of stakeholder engagement undertaken in developing the General Scheme includes:

a public consultation was held between 4 March and 15 April 2019 to inform the drafting of the proposed Bill. A thematic analysis of the consultation responses was published on 25 July 2019
a virtual workshop on the regulatory framework for online safety was held on 18 June 2020. A summary of that workshop is available below
briefing and feedback from the National Advisory Council for Online Safety

Online safety

There are already significant regulatory and legal frameworks in place in relation to many online issues, including data protection and criminal justice responses to criminal activities online. However, there is a serious gap both internationally and in Ireland when it comes to addressing harmful online content. This new law will close the legal gap and establish a robust regulatory framework to deal with the spread of harmful online content.

The Bill provides for the appointment of an Online Safety Commissioner as part of a wider Media Commission to oversee the new regulatory framework for online safety. The Commissioner will govern this new framework through binding online safety codes and robust compliance, enforcement and sanction powers.

Online safety codes will deal with a wide range of issues, including measures to be taken by online services to tackle the availability of harmful online content, for example cyberbullying material, on their services.

Audiovisual media

The Bill will also transpose the revised Audiovisual Media Services Directive into Irish law. It will place the regulation of video on-demand services on a direct statutory footing and align the regulation of such services with television broadcasting services.

The Bill will establish a more effective oversight and appropriate regulation of audio-visual media services established in Ireland. On-demand audiovisual media services will be required to register with the Media Commission.

A provision for the introduction of a levy on television broadcasting services and video on-demand services available in Ireland to fund audiovisual content production in Ireland, subject to further research and recommendations by the Media Commission and a commencement order by the Minister will be included in the Bill.

Integration of the Broadcasting (Amendment) Bill, 2019

The The Broadcasting (Amendment) Bill 2019, had reached Committee stage when the Dáil was dissolved in January 2020. However, it is considered that the Bill has been overtaken by events, including the development of the Online Safety and Media Regulation Bill. On 18 May 2021, in order to avoid any confusion or uncertainty, the Government approved the integration of the Broadcasting (Amendment) Bill, 2019, into the Online Safety and Media Regulation Bill.

The Broadcasting (Amendment) Bill, 2019 included a number of measures to support local community radio and reduce the levies placed on independent broadcasters. These provisions from the Bill will be carried over into the Online Safety and Media Regulation Bill and even enhanced by providing that all community radio and television services will be exempt from paying an industry levy.

Key features of the Bill

The following are key features of the Bill:

Structural:

• The establishment of a new regulator, the Media Commission; and

• The dissolution of the existing regulator, the Broadcasting Authority of Ireland.

Powers of the Media Commission:

• To impose industry levies to fund its operations;

• To require the provision of information from regulated services;

• To appoint authorised officers to investigate suspected non-compliance;

• To seek to impose administrative financial sanctions of up to €20 million or 10% of turnover in respect of non-compliance;

• To issue notices to end non-compliance;

• To seek the prosecution of senior management of designated online services for failure to comply with a notice to end non-compliance;

• To seek to block access to certain online services; and

• To issue content limitation notices to designated online services in respect of individual pieces of harmful online content.

Regulatory framework for online safety:

• Defining “harmful online content” by reference to defined categories of content, including a category containing a schedule of criminal offences and three further categories relating to cyberbullying, the promotion of suicide and self-harm, and the promotion of eating disorders;

• A process for defining further categories of harmful online content, subject to Government approval and Oireachtas oversight;

• The making of binding online safety codes, which will tackle the availability of the categories of harmful online content by addressing a wide range of issues from content moderation, to complaints handling, to recommendation systems, to reporting, to advertising;

• A risk-based process for designating online services for regulation;

• The making of non-binding online safety guidance materials and advisory notices to further create and support a safety-first culture of compliance; and

• A “super-complaints” scheme where nominated bodies, including expert NGOs in areas such as child protection, can bring systemic issues to the attention of the Media Commission.

Transposition of the revised Audiovisual Media Services Directive:

• The regulation of Video Sharing Platform Services on an EU-wide basis (incorporated under the regulatory framework for online safety);

• Updates to the regulation of television broadcasting services and video on-demand services;

• A 30% quota for European Works in the catalogues of video on-demand services;

• Greater flexibility regarding advertising placement for television broadcasters, moving from a 20% hourly limit to a 20% limit for certain blocks of hours, for example between 18:00 and 24:00; and

• Provision for a content production levy and content production scheme to support the creation of European Works, including independent Irish productions.