Dáil Éireann Debate, Tuesday - 28 March 2023
265. Deputy Cathal Crowe asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the steps her Department is taking to address the anti-LGBTQ+ advertisements, conversion therapy advertisements and hate directed at LGBTQ+ social media users, especially teenagers. [14883/23]
View answerThe Online Safety and Media Regulation Act was commenced on 15 March 2023 and marks the formal establishment of a new regulator, Coimisiún na Meán. The Act provides for a regulatory framework for online safety and An Coimisiún will enforce that framework, primarily through the making of binding online safety codes by an Online Safety Commissioner within An Coimisiún.
Online safety codes will require designated online services to take measures to tackle the availability of defined categories of harmful online content. This includes online content linked to 42 listed offences, such as offences in relation to harassment and abusive messaging under Coco’s Law (the Harassment, Harmful Communications and Related Offences Act 2020) and incitement to hatred under the Prohibition of Incitement to Hatred Act, 1989.
In light of the impact that certain kinds of harmful online content has on LGBTQ+ people, particularly young people, this legislation and the establishment of An Coimisiún are important steps forward in safeguarding these communities.
My Department is engaging with the Department of Justice to ensure that any forthcoming changes in criminal law in relation to incitement to hatred are reflected in the regulatory framework for online safety.
Coimisiún na Meán has a suite of enforcement powers available to it, including the power to seek the imposition of financial sanctions of up to €20 million or 10% of turnover for contraventions of online safety codes.
Responsibility for legislating to ban conversion therapy lies with the Minister for Children, Equality, Disability, Integration and Youth. Work on a plan to draft legislation is ongoing in his Department and key legal issues are being considered including the promotion of conversion therapy practices. It is planned that legislative proposals will be brought forward by the end of the year, informed by this research and international best practice. When the relevant rules in the legislation are put in place they will be reflected in the media service codes and online safety codes on advertising made by Coimisiún na Meán.
