We will now deal with the Report and Final Stages of the Online Safety and Media Regulation Bill, 2022, a Seanad Bill amended by Dáil Éireann. In accordance with Standing Order No. 148, it is deemed to have passed its First, Second and Third Stages in Seanad Éireann and is placed on the Order Paper for Report Stage. On the question "That the Bill be received for final consideration", the Minister may explain the purpose of the amendments by the Dáil. This is looked upon as a report on the Dáil amendments to the Seanad. For the convenience of Senators, I have arranged for the printing and circulation to them of the Dáil amendments. The Minister will deal separately with the subject matter of each related group of amendments. I have also circulated the proposed groupings in the House. A Senator may contribute only once on each grouping. I remind Senators that the only matters that may be discussed are the subject matters of each grouping of amendments made by the Dáil.
Online Safety and Media Regulation Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages
I now invite the Minister to speak on the subject matter of the amendments in group 1, namely, amendments Nos. 1 and 263 to 273 inclusive.
The objective of the amendments in this grouping is to ensure that local sound broadcasters can avail of the scheme for professional journalistic practices which is being provided for in the Bill. Under this scheme grant funding will be available for broadcasters to provide training or professional development for persons employed by or providing services to the broadcaster in relation to promoting good professional journalistic practices. Without the amendments, this scheme would be restricted to community sound broadcasters.
Does anyone wish to speak on this grouping of amendments?
Is it envisaged that community television broadcasters would be also included in the scheme?
Yes, it is.
That is to be welcomed and I commend the Minister on that.
We will now move on to the amendments in group 2, which are technical and typographical amendments. This group includes amendments Nos. 2, 8 to 11, inclusive, 17 to 37, inclusive, 39, 40, 51, 68, 74, 77 to 79, inclusive, 80, 262, 291 to 293, inclusive, and 296.
This group contains a range of technical amendments made to the Bill during its passage through the Oireachtas. The purpose of amendments Nos. 8, 9 and 10 is to clarify that the definition of programme schedule in the Bill encompasses both audiovisual programmes and sound programmes and that references to programmes in the definition of sound broadcasting services are references to sound programmes. The purpose of amendment No. 11 was to correct a typographical error in the definition of video sharing platform service in the Bill. The purpose of amendments Nos. 17, 18, 21, 23 to 24 inclusive, and 37 was to align the wording in the Bill regarding the roles of the Minister with responsibility for Coimisiún na Meán and the Minister for Public Expenditure and Reform in relation to certain financial and staffing matters with the wording in the public spending code. They are technical amendments as such and do not have any substantive effect on the Bill.
Amendment No. 22 changes a reference to "a nominee of the person" in line 36 on page 25 to "a person acting on behalf of the person". The wording to be inserted is considered more suitable for the section which relates to the disclosure of interests as it is more encompassing than the term "nominee". The purpose of amendments Nos. 35, 36, 39, 40, 51, 74, 77, 78, 79, 90, 119, 292 and 293 was to correct typographical errors in a range of sections of the Bill. The purpose of amendments Nos. 68, 291 and 296 was to take account of the enactment of the Electoral Reform Act 2022 and in particular, amendments Nos. 68 and 291 update references to sections of the Referendum Act 1998 and to the Referendum Commission so that they now refer to the Electoral Reform Act and An Coimisiún Toghcháin, the new Electoral Commission. Amendment No. 296 amends a reference in the Electoral Reform Act to the Broadcasting Act 2009 so that it now refers to the relevant section of the Bill.
I thank the Minister. Would anyone like to speak on this group?
The last time the Bill was before the Seanad the individual complaints mechanism was somewhat up in the air so I welcome its introduction now. However, my colleague, Senator Higgins, had some reservations about section 139(v) and I encouraged her to write to the Minister regarding same. Her concern relates to the requirement for the complainant to specify the category of harmful content that he or she believes the content falls under. I wanted to put it on record that the Civic Engagement Group intends to write to the Minister about this issue as its members could not be here today.
Does the Minister wish to respond?
I think the point the Senator makes relates to the next group of amendments.
My apologies.
We will move on to group 3 which relates to the individual complaints mechanism. This group includes amendments Nos. 3 to 5, inclusive, 38, 67, 81, 89 to 91, inclusive, 95 to 106, inclusive, 115 to 117, inclusive, 120 to 233, inclusive, 235 to 238, inclusive, 241 to 261, inclusive, 294 and 295.
The purpose of this group of amendments was to make provision in the Bill for an individual complaints mechanism as recommended by the online safety expert group in its comprehensive report. I acknowledge that this issue was of considerable interest and concern for Senators in this Chamber, particularly those who are members of the Joint Oireachtas Committee on Tourism, Culture, Arts, Sport and Media, and one that I committed to examining in detail before returning to this House. When I established the expert group earlier this year, I made it clear that if it was feasible to introduce an individual complaints mechanism, then I would provide for it in the Bill and that is what I am proposing to do with these amendments.
The expert group has done its work and has given detailed consideration to the wide range of issues raised in the context of an individual complaints mechanism including through a public consultation and engagement with experts such as the Australian eSafety Commissioner. The group's report and recommendations chart a practical way forward for the introduction of an individual focused on the operation of the mechanism on a phased basis, firstly for children.
These amendments were drafted on the basis of the heads contained in the expert group's report and hew closely to the group's recommendations, save for necessary legal adjustments by the Office of Parliamentary Counsel. In this regard, amendment No. 89 provides for the substantive provisions for the phasing in and operation of an individual complaints mechanism, including how An Coimisiún can make schemes for complaints about various kinds of harmful online content, the threshold which must be met before An Coimisiún will handle complaints, the kinds of resolutions for complaints available to An Coimisiún, and a requirement for An Coimisiún to set out a plan for operating these provisions. The remaining amendments in this group are consequential.
There was extensive debate on this particular issue when the Bill came before us in the Seanad before it went to the Dáil. There were discussions with the Minister in the Chamber. She asked for our trust that she would deal with the issue. An independent body was established to consider it. She acknowledged the seriousness of the issue and I commend her on that and on introducing these amendments.
I have similar comments to make. I welcome the fact this has been put in place. As Senator Cassells said, this was a strong recommendation from the committee after pre-legislative scrutiny. There was discussion of the matter in the House and, as the Senator said, the Minister committed to coming back and discussing the matter. I am glad to see this has been implemented because it is important. We met the Australian commissioner. It was important we, as a committee, looked at best practice. This is best practice and it is important it will be implemented.
Group 4 relates to the definition of the e-commerce directive. It is the subject matter of amendments Nos. 6, 7, 12, 13, 107 and 234.
This is a group of purely technical amendments made in the Dáil to insert a definition of "e-commerce directive" into section 2 of the 2009 Act, which concerns definitions. This was done to avoid repeating the title of the directive where it is referenced in the Bill.
Group 5 relates to the meaning of "under the jurisdiction of the State" for non-video-sharing platform services, VSPS, online services. It is the subject matter of amendments Nos. 14 to 16, inclusive.
This group of amendments made during the Bill's passage through the Dáil seeks to clarify that the jurisdictional test for when a relevant online service which is not a video-sharing platform service is established in Ireland is set out in Article 3 of the e-commerce directive. Amendment No. 14 contains the substantive section, a new section 2C to be inserted into the 2009 Act. Amendments Nos. 15 and 16 involve consequential renumbering. These amendments are purely to give greater legal clarity as to how jurisdiction for such services is determined under the Bill and do not in substance alter the legal framework set out in the Bill.
Group 6 deals with amendments regarding party political programmes. That is the subject matter of amendments Nos. 41 to 48, inclusive, 50 and 53.
Senators will recall that during the debate in the Seanad, I signalled that "party political programme" was intended to have the same meaning as "party political broadcast", namely, the short programmes carried on our public service broadcaster during electoral periods for the purpose of promoting a registered political party. The term "programme" was used in lieu of the term "broadcast" to ensure it encompassed both broadcasts broadcast by broadcasters and programmes made available by a relevant media service provider. It was to ensure it covered both party political broadcasts on RTÉ 1 and on the RTÉ Player. Senators and a number of stakeholders, including RTÉ and the Broadcasting Authority of Ireland, sought clarity in the Bill that "party political programme" had essentially the same meaning as "party political broadcast". Given the importance of providing clarity on this matter, I introduced amendments on Committee Stage in the Dáil to provide for a definition of "party political programme" in the Bill. I also introduced amendment No. 53 to provide that media service codes which will apply to broadcasting and video on-demand services may provide that party political programmes may only be available at specified times. Currently, party political broadcasts are only made available during electoral periods. This provision is intended to make explicit coimisiún na meán's authority to specify the timing of party political programmes. The intention is that these times shall continue to be during electoral periods. However, to provide flexibility, the provision refers to "specified times" rather than "electoral periods" to allow coimisiún na meán adapt to any change in policy in this regard.
I also introduced amendment No. 50 to clarify the meaning of a phrase regarding not giving unfair preference to any political party in respect of the allocation of broadcasting time or the positioning of content in a catalogue.
Perhaps the Minister will expand on that point. Is the Minister saying the Bill will give the commission the authority to change the situation and allow for party political programmes outside of an electoral period?
To provide flexibility, the provision refers to "specified times" rather than "electoral periods" to allow coimisiún na meán adapt to any change in policy in this regard. It will be a matter for the electoral commission. This will allow coimisiún na meán to change if anything happens at the electoral commission. It gives a flexibility to adapt but it is a matter for the electoral commission. It relates to how those commissions will work with each other because one will affect the other. There may be a need to come back to that point, depending on a decision of the electoral commission. This gives flexibility to coimisiún na meán.
Group 7 relates to the use of the term "undue offence" in the Bill's provisions, which is the subject matter of amendments Nos. 49 to 52, inclusive.
During the Seanad Committee and Report Stage debates on the Bill, a number of Senators indicated they considered the provision that prohibits broadcasters and providers of video on-demand services making available programmes which may reasonably be considered to cause harm or offence as being potentially contrary to the principles of freedom of expression. At that stage, I committed to examining the matter. Having examined and considered the matter, I brought amendments on the Dáil Committee Stage to qualify the standard applied to broadcasters and providers of video on-demand services from "offence" to one of "undue offence". This aligns the language in the Bill with the standard of harm or undue offence to material applied by the Broadcasting Authority of Ireland through its code of programme standards, ensuring the statutory provisions align with the practical implementation of the prohibition.
Group 8 relates to the promotion of gender equality in media service codes. That is the subject matter of amendments Nos. 54 to 63, inclusive.
This group of amendments is intended to allow coimisiún na meán to make media service codes which promote gender balance on news and current affairs programmes on radio, television and video on-demand services, and to promote the broadcasting of musical works composed or performed by women on radio services. A key goal of mine, as Minister, is to further gender equality within every sector under my remit and to collaborate closely with my Government colleagues to drive change across other key Departments. It is an issue that Senators raised with me and one I had committed to examining and returning to. Young girls cannot aim to be what they cannot see or hear and there needs to be a significant improvement in the ratio of women to men on radio and television, so that both genders feel represented in public discourse, as well as better representation of women in music on our airwaves. Following careful consideration of the compatibility of gender balance measures with the rights to freedom of expression and competition law, it is considered that the most appropriate approach to further this goal is to empower coimisiún na meán to make codes setting out standards and practices in relation to the promotion of greater representation for women in music and news broadcasting. Such codes will be binding on providers of radio, television and video on-demand services and, where breaches occur, such codes could be subject to enforcement action by coimisiún na meán. This approach will allow coimisiún na meán the flexibility to identify appropriate measures to promote gender equality that are consistent with our legal framework.
I again commend the Minister. This group is important. I also commend some of the practitioners in the broadcast sector who are trying to make those changes of their own volition, notwithstanding what the Minister is doing, in particular in areas that have been male dominated, including sports broadcasting and other spheres. I commend them on having the wherewithal to make that change themselves.
It is noticeable. The Senator is right.
I concur with the comments that have been made. This is a welcome group. The 20x20 campaign, which was mainly focused on sport, increased female participation in sport and the number of female broadcasters across all sports. It is welcome to see this provision in the Bill.
Group 9 relates to complaints regarding media service providers, which is the subject matter of amendments Nos. 64 to 66, inclusive.
The purpose of this group of amendments is to provide absolute clarity that coimisiún na meán can dismiss a complaint in circumstances where it has already been effectively resolved under a code of practice prepared by a provider.
Group 10 relates to a technical amendment in respect of a section 70 contractor, the subject matter of amendment No. 69.
This is a technical amendment to remedy a drafting error in the Bill. This amendment will ensure a section 70 contractor can continue to benefit from the exemption as set out in section 71(3) of the Broadcasting Act 2009.
We move to group 11, removal of the obligations on RTÉ and TG4 to maintain teletext services, which is the subject matter of amendments Nos. 70 and 71.
Amendments Nos. 70 and 71 remove the statutory requirements for RTÉ and TG4 to establish and to maintain their respective teletext services. This change was agreed in consultation with our public service broadcasters and is considered important to allow progression from outdated technologies with very small viewerships.
Does Senator Warfield wish to speak?
I want just to say goodbye to Aertel.
You are too young even to remember it. Sit down, will you?
Aertel is a symbol of a simpler time. The number for the Premier League scores was 221, and at 3 o'clock on Saturday afternoons we wore down those buttons on the remote refreshing the scores. It was where we got the League of Ireland fixtures as well. Goodbye, Aertel.
I am old enough to remember it being very sophisticated to look up Aertel. We move to group 12, definition of terminal and provenance rules, which is the subject matter of amendments Nos. 72 to 76, inclusive.
These amendments are intended to address an anomaly by removing the reference to "terminal". This change, though largely technical in nature, will future-proof the prominence rules to allow them to reflect continuing changes in the ways in which audiovisual content is accessed and viewed.
We move to group 13, procedures regarding online safety audits, which is the subject matter of amendments Nos. 82 to 88, inclusive.
This group of amendments inserts into the Bill provisions which require that coimisiún na meán must give reasonable notice of an audit to a provider of its designated online service and to provide an opportunity for designated online platforms to make submissions in respect of an audit report prior to its publication. This is to ensure legal clarity on the operation of these provisions and to ensure audits are not delayed or challenged on the basis of a lack of notice given. Allowing for submissions would not change the outcome of an audit report. The comments made by the designated online platform in question may also be published alongside the audit report. These provisions mirror similar requirements under the provisions for reports by authorised officers and are a key due process requirement.
We move to group 14, guidance regarding interpretation of harmful online content, which is the subject matter of amendments Nos. 92 to 94, inclusive.
Amendments Nos. 92 and 93 are to clarify that coimisiún na meán may make online safety guidance materials on the risk test for non-offence specific harmful online content and may make online safety guidance materials on matters relating to the online safety aspects of the Bill rather than simply in general. Amendment No. 94 is a consequential renumbering amendment.
We move to group 15, adding so-called flashing-related offences to the schedule of offence-specific harmful online content, which is the subject matter of amendments Nos. 108 to 114, inclusive.
These amendments will add existing offences from the Criminal Law (Sexual Offences) Act 2017 relating to online flashing to the schedule of offence-specific harmful online content in the Bill. This will enable the online safety commissioner to make binding online safety codes that will apply to designated online service providers and that will require those providers to take measures to tackle online flashing.
We move to group 16, terms and conditions of authorised officers, which is the subject matter of amendments Nos. 118 and 119.
The purpose of these amendments is to ensure appropriate remuneration and expenses are agreed and paid to appointed authorised officers. Of course, it is already the case that authorised officers who are members of an coimisiún staff would be remunerated. These amendments, however, will ensure any other individuals, such as external subject experts, are also appointed under terms and conditions set out by an coimisiún. Those terms and conditions, as is standard for such matters, are subject to the approval of the Minister with the consent of the Minister for Public Expenditure and Reform.
We move to group 17, geographic scope of content limitation notices, which is the subject matter of amendments Nos. 239 and 240.
The purpose of these amendments is to require coimisiún na meán to state the geographical area in which the action required of an online service addressed by a content limitation notice is to be taken. This is to provide legal clarity in that regard.
We move to group 18, content production levy and related schemes, which is the subject matter of amendments Nos. 274 to 290, inclusive.
Amendments Nos. 274 to 277, inclusive, provide for consultation on preparing content production schemes between an coimisiún and Screen Ireland and provide that anyone can apply for funding under a scheme. Amendments Nos. 287 to 290, inclusive, allow for the Minister to provide by order that Screen Ireland may make a scheme and that an coimisiún should fund one.
Amendments Nos. 278 and 279 clarify that all aspects of the development of European works may benefit from funding under a content production scheme. Amendment No. 279 also brings the content production scheme into line with the sound and vision scheme, pursuant to section 154(2)(a) of the Broadcasting Act 2009, in respect of requirements that audiovisual programmes funded under the scheme are made available on a free television service or video on-demand service.
Amendment No. 280 sets out that at least 80% of annual funding provided through a scheme must be allocated to independent producers. Our approach will also ensure a minimum of 25% of funds raised through a content production scheme must be allocated to the production of Irish language content.
Amendments Nos. 281 to 286, inclusive, set out the guidelines and principles to be followed in defining "independent producers" for the purposes of any scheme. In particular, the amendments provide that an independent producer may be defined by reference to the ownership of rights to use commercially any programme supported under a scheme. This is aimed at promoting the retention of rights in the Irish audiovisual sector.
I thank the Minister for outlining the changes made in the Dáil. We are obviously disappointed that the levy has not been prescribed in the Bill, but we look forward to the work coimisiún na meán will undertake on the content levy. It will be an extremely important funding stream for the industry. I welcome the independent production element to the scheme and the addition of Screen Ireland. I think I had an amendment to that end. It is important to both the RTÉ independent production fund and this production fund that it is not just a small pool of independent production companies accessing those moneys, as is currently the case. I thank the Minister for outlining the amendments.
I support the recommendations and acknowledge the fact that a percentage of this funding will be available to independent producers. That funding will be there to make sure we have a large percentage of Irish language content, which is extremely important.
The Minister mentioned the sound and vision fund. I thank her for the extra funding of €2.5 million that has been added to that fund for this year. In lieu of what a number of us were looking for with regard to the broadcasting levy, that is a fair compromise to support in particular our independent and regional radio stations, so I thank the Minister for that.
This formed a large part of our discussions. We have come to the end of the groupings. We reflect on this and many other aspects the Minister has touched on. The Minister has constructed a Bill that has established a body, coimisiún na meán, that has the flexibility to deal with these issues. She has set down clear targets as well, and there is an ethos running through this Bill that seeks to see our media flourish. We should acknowledge that today as part of these discussions. I acknowledge that. It is a good day for our indigenous producers and for what the Minister wishes to achieve in that respect. I acknowledge that as part of the debate on these groupings.
When is it proposed to take Fifth Stage?
Is that agreed? Agreed.
I compliment the Minister. This is an important day. As we have said before, this legislation is probably among the most important that will go through these Houses during our time in the Houses of the Oireachtas.
It supports all forms of local media. Our independent newspapers and media will in the main be happy that we have fought the case for them with regard to supports. Ultimately, it is about protecting young children and online safety, which is extremely important.
I commend the Minister on the amount of time she gave to this when we went through Committee Stage in the Seanad. I think we had 27 hours of discussion on amendments. They was no guillotine and every item was discussed. The same happened in the Dáil, which was important. I thank the Minister, staff and Department for all the work put into the Bill.
The number one priority is to protect our children. As a parent of young kids coming to an age with technology, we need it put in place. I tabled an amendment regarding minimum ages for social media companies. I know that is being looked at at EU level. I ask that it be expedited. Should the EU not come back with a proposal on that, we should look at it. We need to protect our young kids from the harm that is on social media. The Bill will go a significant way towards that. I believe this is probably the most important Bill we will deal with during what is, please God, our first term.
I speak for Senator Higgins and myself in thanking the Minister and her officials for their engagement. It is a real example of how, when sufficient time is given to the parliamentary process, we can improve legislation together. Some of the amendments the Minister has spoken about today were proposed in this House. I thank the Oireachtas committee and its staff for the time put into the Bill.
I am not on the committee but have been following aspects of the Bill. I have soldiered on many campaigns with the Minister so I was not surprised to hear the positive feedback on how responsive and engaging she was. It is a hallmark of her style. I do not want to embarrass her, but that is true. Much time, engagement, listening and practical suggestions have come through this long arduous process. It is a tribute to the Minister to hear her colleagues and those directly involved in the Bill talk about it. I heard Members of both Houses talk of her commitment to lead on this and bring her own unique style and that of her officials to it. I agree with Senator Carrigy that this is very important legislation. I join members of the committee and of the Seanad in wishing the Minister well and congratulating her on the journey she and her officials have taken with this legislation. Well done.
I thank the Minister for a very long process. When she reflects on this, she will see that, across the various Departments of our Government, this has been one of the most significant achievements. I congratulate her. The discussions we had surrounded the regulation of a sphere that had been completely unregulated and an industry that had become so prominent and important to the way we live our lives. It was an arduous task the Minister was faced with.
There were some very terse exchanges between members of the committee and the tech giants who came as witnesses because the Bill shone a light on the manner in which they do business and earn money, which went to the core of everything we discuss, and how algorithms and driving hate allowed them to earn money by funnelling ads into a particular sphere.
By acknowledging the importance of the online media presence in our society, we shone a light on an ailing and - I say this with regret as an NUJ member - maybe dying sector, namely, traditional media. By engaging with them in the committee and, in the Minister's case, personally, and by establishing coimisiún na meán, we hope to provide a structure that allows them to adapt. These institutions have served us extremely well. We are lucky to have a high standard of traditional media, whether broadcast, print or sound. I hope the new funds the Minister has established for journalistic practice, which allow the spreading of resources, gives them the chance to survive and thrive. We have to acknowledge they are in a difficult sphere, and we did so in this Chamber two weeks ago when representatives of the NUJ and the industry came before us to outline the challenges they face.
I thank the witnesses who participated in the lengthy preparation of the Bill. They felt their voices were heard in the feeding-in of the recommendations made. As a result, we have significant legislation. I thank the departmental staff, who were so accommodating through the long process of debate. I commend the Minister on a significant day for her and, more importantly, the regulation of the media sector. It will be one of the big achievements of this Government.
Gabhaim buíochas leis na Seanadóirí as an spéis a léirigh siad sa Bhille agus an mionscrúdú a rinne siad ar na forálacha.
As Senators stated on the first day we debated this, the Online Safety and Media Regulation Bill is crucial legislation. It modernises the regulation of the media ecosystem in Ireland and lays the foundations for the new regulatory frontier of online safety, which will be of great importance when it comes to protecting our children online.
Key to this is the establishment of a robust and agile regulator, coimisiún na meán, whose remit will continue to grow in the coming years. An coimisiún will ultimately be responsible for enforcing key pieces of EU regulatory legislation, including the revised audiovisual media services directive, the Digital Services Act and aspects of the terrorist content regulation. It will have an important role in ensuring media sustainability and development.
This Bill is the first step in a rolling legislative programme in this space in the coming years. I thank the officials in my Department for their tireless work and engagement with Senators and Deputies on my behalf during the passage of the Bill through both Houses. The Bill is of fundamental importance to protecting our society, particularly our children, from serious forms of harmful online content and finally ensuring online platforms are appropriately held to account. I know all Senators and Deputies are cognisant of the significance of the legislation. I acknowledge and thank Senators and Deputies for their constructive feedback and input inside and outside the Houses over the past year.
It has been an extraordinary piece of work, so well done. Senator Carrigy has spoken of his high esteem for the Minister, so I echo the comments of others.