Publication
Online Safety and Media Regulation Bill
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
- 9. OSMR Regulatory Impact Analysis
- 10. OSMR Regulatory Impact Analysis Annex
- 11. Audiovisual Media Services Directive Explainer
- 12. Audiovisual Media Services Directive and OSMR correlation table
- 13. OSMR Regulatory Framework Online Safety Graphics
- 14. OSMR Scheme Q and A Explanatory Note
- 15. OSMR Online Safety Workshop Summary June 2020
- 16. Online Safety and Media Regulation Bill Q&A
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 begun 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.
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
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.
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.
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.
In broad terms, the proposed Bill seeks to provide for:
- the establishment of a multi-person Media Commission, including an Online Safety Commissioner
- the dissolution of the Broadcasting Authority of Ireland and the assignment of all the present functions of the Authority to the Media Commission
- the transposition of the revised Audiovisual Media Services Directive, including those provisions of the Directive relating to the regulation of video sharing platform services
- the establishment of a framework for the regulation of online safety to address the proliferation of harmful online content to be administered by an Online Safety Commissioner
- the provision to the Media Commission of appropriate compliance and sanction powers, including the power to seek the imposition of administrative financial sanctions
- a requirement for video on-demand to register with the Media Commission to allow an up-to-date list of such services to be maintained
- an obligation for video on-demand services to meet a quota of 30% European Works and ensure the prominence of such content in their catalogues
- an obligation for professional video on-demand services which provide news and current affairs content to meet the same journalistic standards as required by television broadcasters
- the exemption of community radio and television stations from paying an industry levy
- allowing the broadcasting functions of the new Media Commission to be part-funded from television license money
- the creation of a bursary scheme for journalists in community and local radio stations
- the removal of the requirement for RTÉ to maintain a teletext service, i.e. Aertel
- greater flexibility for commercial radio stations in relation to advertising minutage
- the prominence of public service channels and content
