Online Safety Code
The Online Safety Code addresses harmful and illegal content on video-sharing platform services (VSPS).
We developed the Code to ensure that VSPS providers take measures to protect children and the general public. These measures can include:
- including and applying protections in the service’s terms and conditions;
- providing content rating, age assurance, and/or parental control systems;
- allowing users to report or flag harmful or illegal content; and
- providing media literacy measures and tools.
We have also developed Online Safety guidance materials. These should assist service providers in their implementation of the Code to provide the required protections for children and the general public.
Who is regulated?
The Online Safety Code regulates video-sharing platform service (VSPS) providers.
Video-sharing platform services are online services where:
- the principal purpose of the service,
- a dissociable section of the service, or
- an essential functionality of the service
is to provide audiovisual programmes or user-generated videos to inform, entertain, or educate audiences.
What content is covered?
The Code addresses:
- video content, including audiovisual programmes and user-generated video;
- audiovisual commercial communications; and
- indissociable user-generated content, such as comments or comments associated with video content.
Protecting children
The Code requires children to be protected from:
- video content that may impair their physical, mental, or moral development; and
- adult-only video content, including pornography and gross or gratuitous violence.
The Code also requires children to be protected from audiovisual commercial communications which:
- may impair their physical, mental, or moral development;
- directly exhort children to buy or hire a product or service by exploiting their inexperience or credulity;
- directly encourage children to persuade their parents or others to purchase the goods or services being advertised;
- exploit the special trust children place in parents, teachers or other persons;
- unreasonably show children in dangerous situations; and
- include displays of alcohol aimed specifically at children.
Protecting all users
The Code requires the general public to be protected from video content or indissociable user-generated content:
- that constitutes incitement to hatred or violence based on any of the grounds referred to in Article 21 of the European Charter of Fundamental Rights;
- of which the dissemination is a criminal offence under European Union law, including child sexual abuse material, public provocation to commit a terrorist offence, and racism and xenophobia;
- by which a person bullies or humiliates another person;
- by which a person promotes or encourages behaviour that characterises an eating or feeding disorder;
- by which a person promotes, encourages, or makes available knowledge of methods of self-harm or suicide (including the encouragement of behaviour prejudicial to the health or safety of children, such as dangerous challenges).
The Code also requires the general public to protected from audiovisual commercial communications:
- which contain incitement to hatred or violence based on any of the grounds referred to in Article 21 of the European Charter of Fundamental Rights;
- of which the dissemination is a criminal offence under European Union law, including child sexual abuse material, public provocation to commit a terrorist offence, and racism and xenophobia;
- which prejudice respect for human dignity;
- which include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age, or sexual orientation;
- which encourage behaviour grossly prejudicial to the protection of the environment;
- which encourage behaviour prejudicial to health or safety;
- for cigarettes and other tobacco products, as well as for electronic cigarettes and refill containers;
- which encourage immoderate consumption of alcoholic beverages;
- for medicinal products and medical treatment available only on prescription in the State.
How was the Code developed?
The development of the Code was informed by several sources of evidence, including:
- responses to the Call for Inputs on Developing Ireland’s First Binding Online Safety Code for Video-Sharing Platform Services (July 2023);
- the Video-Sharing Platform Services Online Harms Evidence Review, undertaken by PA Consulting (the “PA Harms Report”) (September 2023);
- Online Safety Research 2023 (November 2023);
- responses to the public consultation on the draft Code; and
- consultation with Coimisiún na Meán’s Youth Advisory Committee.
Call for Inputs – Developing Ireland’s first binding Online Safety Code for Video-Sharing Platform Services (July 2023)
Our Call for Inputs launched on 11 July 2023 and sought responses by 4 September 2023. We received 55 written submissions from a range of respondents.
The Call for Inputs document set out a number of issues and asked 23 related questions, covering priorities and objectives for the first Online Safety Code, the types of harms to be identified, the extent to which the Code should be detailed, synergies with the Digital Services Act, the types of content to be addressed, the types of online safety features to be mandated as part of the Code, the types of measures to be mandated in relation to service terms and conditions, content moderation, and complaints, as well as compliance, alongside other matters.
A summary of the responses to the Call for Inputs was independently prepared by CommSol.
The Video-Sharing Platform Services Online Harms Evidence Review, undertaken by PA Consulting (September 2023)
We appointed PA Consulting to undertake a literature review of available evidence pertaining to online harms on VSPS. This was provided to us as independent, expert advice to inform our approach to VSPS regulation. The report is a meta-study that distils and analyses findings from multiple Irish, European, and international studies and publications, aiming to offer a balanced assessment while recognising the limitations of available data on some aspects of online harms.
Online Safety Research 2023 (November 2023)
In order to gather further information about the views of the public on the regulation of video-sharing platform services, An Coimisiún appointed IPSOS B&A to undertake two surveys on its behalf.
The first survey focused on usage by the public of websites and apps that provide video. Questions addressed, amongst other matters, the frequency of use of websites and apps and frequency of watching, sharing or uploading videos.
The second survey was focused more on the potential harms caused by video content and regulatory responses to these potential harms. The impact of potential harms on certain groups in society was explored and respondents were also asked for their opinion on who should be responsible for protection.
Survey responses:
Responses to public consultation on the draft Code (December 2023 – January 2024)
On 8 December 2023, we published a consultation document, inviting submissions until 19 January 2024 in relation to:
- a draft Online Safety Code;
- draft statutory guidance materials;
- the proposed application of the Online Safety Code to the category of video-sharing platform services (“VSPS”); and
- supplementary measures for further consideration.
- Consultation document (PDF)
The deadline for submissions was subsequently extended to 31 January 2024.
We received 1,398 submissions to the consultation from members of the public, Government Departments and agencies, non-governmental organisations (NGOs), civil society organisations, industry and industry associations, international regulators, and academia.
Consultation with the Youth Advisory Committee on the draft Code
On 17 January 2024, we consulted with our Youth Advisory Committee (YAC) on the draft Online Safety Code, statutory guidance materials, application of the Code to the category of VSPS, and proposed supplementary measures.
Submission to European Commission
Coimisiún na Meán engaged in a formal process under Directive (EU) 2015/1535 (the “TRIS Directive”).
Under the Technical Regulations Information System (TRIS) process, Member States must notify the European Commission of draft technical regulations that concern information society services (including VSPS), before these regulations can be adopted into national law. The European Commission or other EU Member States may make comments or submit opinions.
The TRIS process concluded on 29 August 2024. No comments on the Online Safety Code were received from the European Commission or other EU member states.