Online Safety and Media Regulation Act 2022
From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
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From Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media
Published on
Last updated on
On 8 December 2020, the Government approved the publication of a finalised General Scheme of the Online Safety and Media Regulation (OSMR) Bill . It was referred to the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media for pre-legislative scrutiny which was completed in November 2021 .
On 18 May 2021, Government approved the integration of the Broadcasting (Amendment) Bill, 2019, into the OSMR Bill and the introduction of three further Heads of Bill.
On 12 January 2022, Government approved the publication of the Bill . It was then initiated in Seanad Éireann on 25 January 2022 and in Dáil Éireann on 11 July 2022 for consideration.
On 10 December 2022, it was signed into law.
On 15 March 2023, the Act was commenced. The Broadcasting Authority of Ireland was dissolved and Coimisiún na Meán formally established as Ireland’s national regulatory authority, in accordance with Article 30 of the EU’s Audiovisual Media Services Directive (AVMSD). An Coimisiún has responsibility for overseeing the regulation of broadcasting and video-on-demand services and for the new regulatory framework for online safety.
Input from and engagement with stakeholders, whether they are members of the public, companies, NGOs or other Government organisations, was vital to the development and progression of the OSMR Bill to enactment. This includes:
• a public consultation in 2019 to inform the drafting of the proposed Bill - click here to access a thematic analysis of responses;
• a virtual workshop on the regulatory framework for online safety was held in 2020 - click here for a summary of proceedings;
• briefing and feedback from the National Advisory Council for Online Safety National Advisory Council for Online Safety;
• the pre-legislative scrutiny report by the Joint Committee on Tourism, Culture, Arts, Sport and Media, which is available here .; and,
• the debates on the Bill in the Houses of the Oireachtas. To read the debates click here .
The OSMR Act provides for the appointment of an Online Safety Commissioner in Coimisiún na Meán who is responsible for the implementation of a binding online safety code. The code sets out obligations in relation to how these services tackle, at a systemic level, the availability of defined categories of harmful online content.
Under the OSMR Act, harmful online content includes a range of offence-specific harmful online content linked to 44 existing criminal offences in Irish law.
For example, it includes online content by which someone distributes or publishes a threatening or grossly offensive communication about another person, or sends a threatening or grossly offensive communication to another person, contrary to the relevant offences from the Harassment, Harmful Communications and Related Offences Act 2020 , or Coco’s Law.
The Act also provides for non-offence specific categories of harmful online content in relation to:
- Serious cyber-bullying material;
- Material likely to encourage or promote eating disorders, self-harm or suicide; and,
- Material which makes available knowledge of the means of self-harm or suicide.
Under the Act, Coimisiún na Meán has robust monitoring and enforcement powers available to ensure compliance with online safety codes, including to conduct investigations of suspected non-compliance and impose sanctions such as substantial fines.
The OSMR Act also enables Coimisiún na Meán to develop non-binding online safety guidance materials in relation to harmful online content but also to age-inappropriate online content, which includes pornography and gross and gratuitous violence.
On 21 October 2024 Coimisiún na Meán published its first Online Safety Code. . The Code sets out steps that video-sharing platforms and actions video-sharing platforms must take to protect the public, especially children from harmful video and associated content. This includes:
- Prohibiting the uploading or sharing of harmful content on their services such as 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 register of designated relevant online services to which online safety codes can be applied can be accessed here .
On 21 October 2024, Coimisiún na Meán also published Online Safety Guidance Materials . These are intended to assist service providers in their implementation of appropriate measures, pursuant to the Code, to provide the required protections for children and the general public. The guidance materials may assist any interested persons in understanding the contents of the Code and the Commission’s advice and expectations for service providers, including on:
- standards that services should meet, practices that service providers should follow, and measures that service providers should take
- standards, practices, and measures relating to content moderation and content delivery
- the assessment by service providers of the availability of types of online content on services, of the risk of harmful content being available, and of the risk posed to users by online content
- the handling by service providers of communications from users raising complaints or other matters.
The guidance materials are not exhaustive in nature.
The OSMR Act and its implementation, including through the application and enforcement of the first online safety code, is just one of three components of the overall Coimisiún na Meán Online Safety Framework. The other two components are the EU’s Digital Services Act and Terrorist Content Online Regulation . Coimisiún na Meán has responsibility for implementing these measures in Ireland but policy responsibility for them falls to the Department of Enterprise, Trade and Employment and the Department of Justice, respectively.
Being safe online means that we have the knowledge to identify the potential risks and are conscious of our personal security while browsing, sharing or surfing the internet.
In performing its functions under the OSMR Act, Coimisiún na Meán must endeavour to ensure encourage research, promote or endorse educational and training initiatives and activities, including in media literacy, and co-operate for that purpose with educational and training bodies, sporting bodies and community, local and representative bodies, and otherwise promote public awareness, knowledge and understanding, in relation to matters connected to its functions. Coimisiún na Meán supports the development of the media sector and related events and activities through sponsorship and the implementation of sectoral learning and development programmes to make sure that people can critically understand and interact with media and make informed choices about what they see, read and share online.
To raise awareness about internet safety Coimisiún na Meán is running a number of engagement campaigns such as:
- The "Spot it, Flag it, Stop it" information campaign about combatting illegal content online, based on the provisions of the DSA;
- A communication campaign around the launch of the Online Safety Code;
- Annual Safer Internet Day to raise awareness of a safer and better internet for all, especially for children and young people; and,
- Supporting Media Literacy Ireland and the Be Media Smart Campaign to ensure that people have the skills and confidence to access information online.
Media literacy is the key to empowering people with the skills and knowledge to understand how media works in this changing environment, to interrogate the accuracy of information, to counter unfair and inaccurate representation, to challenge extremist views and, ultimately, to make better informed media choices.
The OSMR Act also facilitated the completion of the transposition of the revised Audiovisual Media Services Directive into Irish law. By adopting and applying the first Online Safety Code and the revised Media Service Codes and Rules, Coimisiún na Meán completed transposition.
In terms of audiovisual media, the OSMR Act and application of the revised Media Service Codes and Rules has placed the regulation of video on-demand services on a direct statutory footing and aligned the regulation of such services with television broadcasting services.
The Act establishes more effective oversight and appropriate regulation of audiovisual media services established in Ireland, with on-demand audiovisual media services now required to register with An Coimisiún, in accordance with Section 46A of the Broadcasting Act 2009, as amended. The register of Media Service Providers can be accessed here .
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 An Coimisiún, is included in the Act.
The Broadcasting (Amendment) Bill 2019 , had reached Committee stage when the Dáil was dissolved in January 2020. However, it was considered that the Bill had been overtaken by events, including by the development of the General Scheme of the OSMR Bill. Therefore, 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 OSMR Bill.
The Broadcasting (Amendment) Bill, 2019 included a number of measures to support radio, particularly local community radio. These provisions from the Bill are carried over into the OSMR Act and even enhanced by, for example, providing that all community radio and television services will be exempt from paying an industry levy.
On 24 January 2022, in light of the strength of feeling among stakeholders, an expert group was established to examine the possibility of providing for an individual complaints mechanism in the OSMR Act.
The expert group, in its report , backed the feasibility of such a mechanism, subject to certain dependencies being met. In addition, in light of potential issues around the volume of complaints, it recommended that the mechanism be phased-in over time. As a result, the Government agreed to provide for the recommendations of the expert group and the legal basis for An Coimisiún to establish individual complaints schemes by way of amendments tabled at Dáil Committee Stage.
The following are key features of the OSMR Act:
• the establishment of a new multi-person media commission, to be known as Coimisiún na Meán; and
• the dissolution of the existing regulator, the Broadcasting Authority of Ireland.
• 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.
• defining “harmful online content” by reference to defined categories of content, including a category containing a schedule of 44 existing criminal offences and three further categories relating to cyberbullying, the promotion or encouragement of eating disorders, self-harm or suicide;
• 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;
• 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; and,
• a legal basis for Coimisiún na Meán to establish individual complaints schemes which allow members of the public to submit complaints about individual items of alleged harmful online content directly to the regulator.
• establishes Coimisiún na Meán as Ireland’s national regulatory authority, in accordance with Article 30 of the 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.
On 22 February 2023, the necessary Ministerial Orders were signed to establish Coimisiún na Meán on an administrative basis with formal establishment commencing from 15 March 2023. Relevant sections of the OSMR Act 2022 were also commenced, including the provision for the:
• powers, duties, functions and operation of Coimisiún na Meán;
• updated regulatory framework for broadcasting and video-on-demand services;
• new regulatory framework for online safety; and,
• powers of investigation and sanction conferred onto Coimisiún na Meán.
The relevant Orders are:
On 15 March 2023, Coimisiún na Meán was formally established and empowered to act as the national regulatory authority, in accordance with Article 30 of the AVMSD, and an initial four Commissioners were formally appointed.
Further information on Coimisiún na Meán, including its functions, are available on their official website .
The Online Safety and Media Regulation Act was approved by Government, passed by the Houses of the Oireachtas, and signed into law by the President on 10 December 2022. The Act was subsequently commenced on 15 March 2023.