Select Committee on Tourism, Culture, Arts, Sport and Media has completed its consideration of the Online Safety and Media Regulation Bill 2022

The purpose of the Online Safety and Media Regulation Bill 2022 Bill is to make amendments to the Broadcasting Act, 2009, in order to provide for the establishment of a new regulator, a multi-person Coimisiún na Meán and dissolve the existing regulator, the Broadcasting Authority of Ireland.

It also aims to provide for the implementation of (EU) Directive 2018/1808, also referred to as the revised Audiovisual Media Services Directive, to provide for an updated regulatory framework for broadcasting and on-demand audiovisual media services and for a new regulatory framework for online safety, and to provide the Coimisiún na Meán with the powers and functions to appropriately apply and enforce the new and updated regulatory frameworks.

Following Committee Stage consideration of the Bill by the Select Committee on 25th and 26th October some significant amendments to the Bill were agreed.

These include;

Amendments to ensure that Coimisiún na Meán has the legal basis to begin phasing in a robust individual complaints mechanism in the coming years, focusing initially on children and a number of non-offence specific categories of harmful online content such as cyberbullying.

An amendment to provide for the inclusion of further form of offence-specific harmful online content under Schedule 3 of the Bill which will allow the Online Safety Commissioner to appropriately deal with online content relating to the offence of flashing through systemic regulations.

Amendments to ensure the inclusion of local broadcasters in the scheme to support professional journalistic practices and to provide clarity on when Coimisiún na Meán may dismiss certain complaints.

Speaking on the completion of the Committee’s consideration of the Bill, Committee Cathaoirleach Deputy Niamh Smyth TD said “the Committee is very pleased with the progress to date of this important piece of legislation. As Cathaoirleach, I thank Minister Martin for her consideration of the recommendations arising from the Committee’s extensive Pre-Legislative Scrutiny of the Bill.  A significant number of the Committee’s recommendations have been addressed in the Bill, both prior to its publication in January of this year and during its passage through the Seanad and Committee Stage. The inclusion of provisions underpinning an individual complaints system are extremely welcome, and a key recommendation of the Committee.

This legislation forms a key component in the on-going tackling of cyber-bullying. The Online Safety and Media Regulation Bill is an important step forward in the regulation of media and online services in Ireland and across Europe. In particular, through Coimisiún na Meán it will provide for the creation of robust and adaptable regulatory frameworks. In this regard, the Bill sits within a wider EU legislative context, including the Digital Services Act which forms part of the EU Digital Services Package.

I thank my Committee colleagues and contributors for their hard work to date and look forward to the next stage of the process at Report Stage in the Dáil.”