Coimisiún na Meán

Category: Online Safety

Coimisiún na Meán statement on the Online Safety Code

Posted on by Naomi Temple

As Ireland’s regulator for online safety, Coimisiún na Meán has developed rules and regulations within the Online Safety Code, which are rooted in Irish and EU legislation, following extensive consultation. 

Under the Online Safety Code, video-sharing platforms are obliged to put measures in place to protect children from harmful content online, have age assurance measures where appropriate, provide parental controls and user-friendly, transparent reporting and flagging mechanisms. 

Coimisiún na Meán is aware that Twitter International Unlimited Company (X) have lodged a judicial review against the Online Safety Code. 

We will engage in this litigation process and will defend the Online Safety Code and its objective of keeping people, especially children, safe online. 

An Coimisiún will not comment any further until the legal proceedings have concluded. 

Determination made under Terrorist Content Online Regulation (TCOR)

Posted on by Aoife Molloy

An Coimisiún determines that TikTok, X and Meta (in respect of Instagram) services are ‘exposed to terrorist content’

An Coimisiún decision follows the notification of two or more final removal orders to these providers from EU competent authorities in the last 12 months

Providers will now have to take specific measures to prevent services from being used for the dissemination of terrorist content and to report on the measures they have taken

Coimisiún na Meán has today (13 November) published a decision in respect of three hosting service providers under the Terrorist Content Online Regulation. Coimisiún na Meán has determined that TikTok, X and Meta (in respect of Instagram) services are ‘exposed to terrorist content.’

Terrorist content is defined in EU law as material that:

  • incites the commission of terrorist offences, such as by the glorification of terrorist acts;
  • advocates the commission of terrorist offences;
  • solicits a person or a group of persons to commit or contribute to the commission of terrorist offences;
  • incites, solicits, threatens or provides instruction on the commission of terrorist offences;
  • solicits a person or a group of persons to participate in the activities of a terrorist group;
  • provides instruction on the making or use of explosives, firearms, or other weapons, or noxious or hazardous substances, or other specific methods or techniques for the purpose of committing or contributing to the commission of terrorist offences;
  • constitutes a threat to commit a terrorist offence

The Terrorist Content Online Regulation, which is one part of Coimisiún na Meán’s Online Safety Framework, provides an EU-wide mechanism for counteracting the dissemination of terrorist content online and enabling the speedy removal of terrorist content by hosting service providers.

Under the Terrorist Content Online Regulation, hosting service providers which receive two or more final removal orders from EU competent authorities within the last 12 months may be determined as being exposed to terrorist content. An Coimisiún has reached this decision following the notification of two or more final removal orders in respect of these three providers and following engagement with these providers. An Coimisiún has made this determination in line with its Decision Framework, published in June 2024.

Following this decision, TikTok, X and Meta (in respect of Instagram) will be obliged to take specific measures to protect their services from being used for the dissemination of terrorist content, and to report to Coimisiún na Meán on the specific measures taken within three months from the receipt of the decision. These measures shall be effective, targeted and proportionate and respectful of the fundamental rights of users. Among the measures a hosting service provider exposed to terrorist content is required to take is the inclusion in its terms and conditions of provisions to address the misuse of its service for the dissemination to the public of terrorist content.

Coimisiún na Meán will supervise and assess the mitigation actions taken by the providers. Where An Coimisiún considers that the specific measures taken do not comply with legislative requirements, An Coimisiún will address a decision to the hosting service provider requiring it to take the necessary measures so as to ensure that legislative provisions are complied with.

Infringement by hosting service providers of the Terrorist Content Online Regulation can lead to the imposition of administrative fines, including financial penalties of up to four percent of global turnover.

Coimisiún na Meán’s Online Safety Framework consists of the Terrorist Content Online Regulation, the Digital Services Act, and the Online Safety and Media Regulation Act, the basis for our Online Safety Code.

An Coimisiún advises users of online services who see suspected terrorist content to report that content to the platform where they have seen it, and to report any content which could be a threat to life to An Garda Síochána.

Read our updated guidelines for broadcast coverage of elections

Posted on by Aoife Molloy

The updated Guidelines come into effect from today 11 November until the closing of
polling stations on 29 November

Coimisiún na Meán has today (11.11.24) published its Guidelines in Respect of Broadcast Coverage of Elections. The Guidelines provide direction and advice to broadcasters as to how fairness, objectivity and impartiality can be achieved in their coverage of elections.

The Guidelines are being published in advance of the General Election, scheduled to take place on Friday, 29 November. The Guidelines come into effect from today, Monday 11 November apply to coverage of the elections until the closing of polling stations on 29 November.

Speaking about the publication of the Guidelines, Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner Aoife MacEvilly said: “Elections and electoral integrity are a key focus for us at Coimisiún na Meán this year. Broadcasters play a central role in how people are informed during election periods and therefore they must ensure that all news and current affairs programming is fair, objective and impartial. The publication of the election guidelines today will aid broadcasters in their approach to programming during election periods and will help them to ensure their coverage is open and transparent. The guidelines are designed to help broadcasters meet their obligations.”

“Alongside these guidelines, we are publishing an Election Information Pack to provide information for candidates standing for election in Ireland and what they can do if they experience harm online. We are also engaging with online platforms to ensure that they play their part in upholding electoral integrity and ensuring that people across Ireland can make free, fair and informed choices about where to cast their vote.”

These Guidelines see the replacement of the Broadcast Moratorium with an Additional Care Requirement for broadcasters during the Critical Election Period. This decision follows a review of the Moratorium conducted by Coimisiún na Meán. This review included an examination of electoral silence periods in other countries, a survey of attitudes conducted with Ipsos B&A and a public consultation.

As well as providing advice on the new Additional Care Requirement, the Guidelines also advise that during polling hours, broadcasters should not feature speculation on the outcome of the election, including the coverage of opinion polls or exit polls, until the voting has concluded.

Broadcasters are also reminded of the requirements to achieve a fair allocation of airtime during election coverage, the prohibition on political advertisements and the requirement to have in place policies and procedures for handling on-air contributions via social media and to mitigate the risks of AI-generated deepfakes.

These Guidelines also state that it is not appropriate for persons involved with ‘election interests’ to present programmes during the election campaign period – ‘election interests’ includes candidates for an election.

Download our election candidate Information Pack, produced with An Garda Síochána

Posted on by Aoife Molloy

Coimisiún na Meán and An Garda Síochána have today (8th November) published an Information Pack for all election candidates running in the upcoming General Election. The aim of this pack is to provide information on the roles of An Garda Síochána and Coimisiún na Meán, and to offer guidance for candidates on what to do when they are faced with harmful and/or illegal content or behaviour online.

The Pack has information on different types of scenarios that might arise during the campaign and what steps candidates can take. It provides includes further information on the rights of users under as part of Coimisiún na Meán’s Online Safety Framework and the reporting channels to use for various different platforms when people suspect illegal content online.

Speaking today, Deputy Commissioner, Policing Operations at An Garda Síochána, Shawna Coxon said “it is important everyone feels free to participate in the electoral process, whether they are engaging in real life or online. That is why An Garda Síochána and Coimisiun na Meán are working together to support our democracy by keeping people safe online during this election.”
John Evans, Digital Services Commissioner at Coimisiún na Meán said “it is important that people are empowered to run as candidates in any election without being discouraged by illegal abuse or behaviour online. We want our media landscape to support democracy and electoral integrity, and we hope that this information pack will help candidates understand their rights online and where to turn to for help, if needed. We’re also engaging with online platforms on their preparations for the election and we expect them to play their part in ensuring that people can make free, fair and informed choices about where to cast their vote”.

Coimisiún na Meán removes traditional broadcast moratorium for election coverage

Posted on by Maeve Heslin

Updated Guidance replaces Moratorium with an Additional Care Requirement for broadcasters during the Critical Election Period

Coimisiún na Meán has today announced the replacement of the Broadcast Moratorium, which has been in place since 1997, with an Additional Care Requirement for broadcasters during the Critical Election Period (the 24-hour period before the opening of polling stations and during the period when polling occurs). This decision follows a review of the Moratorium conducted by Coimisiún na Meán which commenced in February this year. This review included an examination of electoral silence periods in other countries, a survey of attitudes conducted with Ipsos B&A and a public consultation.


The new Additional Care Requirement, which replaces the Broadcast Moratorium, requires broadcasters to show additional care during the Critical Election Period. During the Critical Election Period, broadcasters should treat with extreme care information relating to the election that it believes, or has reason to believe, has been circulated with the intention of misleading or confusing voters or that is likely to mislead or confuse voters. The implementation of this additional care requirement is at the editorial discretion of the broadcaster. This may include the Broadcasters rebutting or correcting misconceptions arising from misleading information.


Speaking about the publication of the Guidelines, Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner Aoife MacEvilly said: “A media landscape that supports democracy and democratic values, underpins civic discourse and reduces the impact of disinformation is a priority for Coimisiún na Meán. During election periods, broadcasters across Ireland play a crucial role in informing the public about the issues and candidates involved in the election campaign.


The annual Reuters Digital News Report, which was published in June and is funded by Coimisiún na Meán, found that trust in news remains high in Ireland compared to other countries. We recognise the trust that Irish viewers and listeners place in broadcasters and our approach to the moratorium reflects Ireland’s changing media landscape.


Elections and electoral integrity are a key focus for us at Coimisiún na Meán this year. Alongside this new additional care approach for broadcasters, once the date of an election is confirmed, we will be publishing information for electoral candidates on our role in relation to broadcasting and online safety regulation, and how we can help them, alongside our guidelines for broadcasters. We will also engage with online platforms on their preparations for the elections, to ensure that they play their part in upholding electoral integrity and ensuring that people across Ireland can make free, fair and informed choices about where to cast their vote.’’


Broadcasters should also take additional care to ensure that opinions expressed by programme contributors do not interfere with the electoral process by making a false or misleading claim with respect to election procedures. Broadcasters are also asked not to report on opinion polls or exit polls during polling hours.


The new approach will be reflected in Coimisiún na Meán’s Guidelines in Respect of Broadcast Coverage of Elections, which will be published shortly after the date of the next election is announced. The Guidelines provide direction and advice to broadcasters as to how fairness, objectivity and impartiality can be achieved in their coverage of elections.

Coimisiún na Meán adopts final Online Safety Code

Posted on by Aoife Molloy

Binding online safety rules will apply to Irish-based video-sharing platforms

Coimisiún na Meán has today (21.10.2024) published the finalised Online Safety Code. The Code sets binding rules applying to video-sharing platforms who have their EU headquarters in Ireland. The general obligations contained in the Code will apply from next month and platforms will have an implementation period for certain detailed provisions, which require IT build, to come into compliance.  Coimisiún na Meán will take a supervisory approach to enforcing the Code, ensuring that platforms implement appropriate systems to comply with the provisions of the Code

The Code introduces obligations on video-sharing platforms to protect people, especially children, from harmful video and associated content, including:

  • Prohibiting the uploading or sharing of harmful content on their services including 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 development of the Code was informed by an initial call for inputs in summer 2023, followed by a full public consultation from December 2023 to February 2024, which received nearly 1400 responses. Coimisiún na Meán’s Youth Advisory Committee was also consulted on the development of the Code. The Code was then notified to the European Commission under the Technical Regulations Information System (TRIS) Directive process to ensure alignment with the EU Digital Services Act.

The Code is part of Coimisiún na Meán’s overall Online Safety Framework. This Framework makes digital services accountable for how they protect users from harm online. The updated Code, combined with the other parts of the Online Safety Framework, will deliver on the objectives of the Online Safety and Media Regulation Act, leading to safer online experiences for people across Ireland. The overall Online Safety Framework gives Coimisiún na Meán the tools to address the root causes of harm online, including the availability of illegal content, the harmful impacts of recommender systems, and inadequate protections for children on social media services.

The Online Safety Commissioner, Niamh Hodnett, said: “The adoption of the Online Safety Code brings an end to the era of social media self-regulation. The Code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users. We will work to make sure that people know their rights when they go online and we will hold the platforms to account and take action when platforms don’t live up to their obligations.”

Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey said: “With the adoption of the Online Safety Code, all the elements of our Online Safety Framework are now in place. Our focus now is on fully implementing the Framework and driving positive changes in peoples’ lives online. Our message to people is clear: if you come across something you think is illegal or against a platform’s own rules for what they allow, you should report it directly to the platform. Our Contact Centre is available to provide advice and guidance to people if they need help.”

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin TD commented: “I welcome Coimisiún na Meán’s adoption of its first Online Safety Code. Building upon the foundation set out in the Online Safety and Media Regulation Act 2022, this code is a major step forward in online safety. It introduces real accountability for online video sharing platforms and requires them to take action to protect those that use their platforms, including by having robust complaints handling procedures and introducing effective age-verification. It will make all of us, but particularly our children, safer online.”

Statement on Online Threats

Posted on by Aoife Molloy

In recent weeks, we have seen a rise in threats of violence online directed at politicians, public figures, and members of their families. This activity can have a hugely negative impact on those targeted and undermines our democracy. Online abuse directed at elected representatives can have a chilling effect on democracy.

Threatening violence online is illegal. Under the EU Digital Services Act, online platforms must provide a way for people to report content they think is illegal. Platforms must respond to these reports in a timely and diligent manner. They must also consistently enforce their own terms and conditions relating to content.

Coimisiún na Meán does not have powers to compel the immediate removal of illegal content from online platforms. Our role is to make sure that the platforms’ content reporting systems are working effectively in compliance with the law.

We met with Meta about the threats directed at An Taoiseach and his family. We have also been in touch with representatives from An Garda Síochána and the European Commission about this incident. We are now assessing Meta’s compliance with their obligations under the EU Digital Services Act. We will be following up with Meta to seek further information about the circumstances of this incident and their response. We will then consider our next steps. We have a range of powers available to us under our Online Safety Framework, which consists of the Online Safety and Media Regulation Act, the EU Digital Services Act and the EU Terrorist Content Online Regulation.

Coimisiún na Meán seeks views for developing Ireland’s First binding Online Safety Code

Posted on by jcaulfield

EXTENDED DEADLINE:  Following requests from industry and civil society organisations the Commission has agreed to extend the deadline. The new deadline for submissions is Monday 4th September 2023.

Coimisiún na Meán, Ireland’s new media regulator and media development agency, is seeking views from the public and other interested parties to inform the development of Ireland’s first binding Online Safety Code. It is intended that the first Online Safety Code will focus on video-sharing platforms service providers and make sure they take measures to address online harms more effectively.

The Commission, which was established in March 2023 has a key responsibility for setting standards, rules, and codes for the different types of media services and relevant online services operating in Ireland. This includes responsibility for preparing and applying an Online Safety Code. The Commission has today (11.07.23) launched a Call for Inputs, entitled Online Safety – Developing Ireland’s First Binding Online Safety Code for Video-Sharing Platform Services. The Call for Inputs seeks to gather a wide range of views to help develop a code that is fit for purpose and will inform the preparation of the draft code for formal consultation later this year.

Commenting, Online Safety Commissioner, Niamh Hodnett said: “One of the Commission’s key duties is to develop online safety code(s) for video-sharing platform services (VSPS). This includes popular online media services and apps where user-generated videos are shared and watched, including by children and young people.  We intend for the first Online Safety Code to focus on VSPS providers, making sure that they take measures to address online harms more effectively.

“We are now seeking input from the public and other interested parties on how we should develop Ireland’s first Online Safety Code. Our Call for Inputs document explores the potential scope of the Code and sets out a range of questions that we would like people to consider. The responses will play an important role in helping us to identify issues and information that should be taken into account when developing the Code. Following this, we will publish a draft Code, and people will have the opportunity to comment on our specific proposals during the public consultation on the draft Code. The Code will then be finalised and applied to video-sharing platform services. Of critical importance to the Commission is to introduce a new code that strengthens the regulation of video-sharing platforms and significantly reduces the potential harms that online videos can cause to children and young people.”

In preparation for the development of the Online Safety Code, the Commission is also consulting on a new e-Commerce Compliance Strategy (also published today). Separately, it intends to establish a Youth Advisory Committee and is conducting research on online harms.

Over the coming months, the Commission will designate the video-sharing platforms that will fall within the scope of the Commission’s regulatory framework for online safety.

Executive Chairperson of Coimisiún na Meán, Jeremy Godfrey added: “The Call for Inputs is an important step towards developing Ireland’s first binding Online Safety Code. We want to collect a wide range of views to help us to develop a code that is clear, workable and legally robust, while protecting people from online harm and upholding human rights, including the right to Freedom of Expression. We call on anyone with an interest in this area to be involved in informing the development of this important Code by contributing to our Call for Inputs.”

The Call for Inputs document and details of how to make a submission can be found here. The deadline for submission is 5pm on Monday 4th September 2023.

ENDS

Media Contact: Joanne Ahern / Síona Cahill, DHR Communications, Tel: 087-9881837 / 087- 753 0255.

Notes for Editors:

  • Executive Chairperson Jeremy Godfrey is available for interview, on request.
  • Biographies of the commissioners can be found here.
  • Images of the commissioners can be found here.

About Coimisiún na Meán:

Coimisiún na Meán is Ireland’s new commission for regulating broadcasters, on-demand services and online media, and supporting media development. Established in March 2023 under the Online Safety and Media Regulation Act 2022, it builds on the work of its predecessor, the Broadcasting Authority of Ireland. It is responsible for ensuring and maintaining a thriving and diverse media landscape in Ireland that facilitates a mix of voices, opinions and sources of news and current affairs, as well as a safe online environment.

Its responsibilities are to:

  • Oversee the funding of and support the development of the wider media sector in Ireland.
  • Oversee the regulation of broadcasting and video-on-demand services.
  • Develop and enforce the Irish regulatory regime for online safety.

In June, the Commission published its first workplan which can be viewed here. Coimisiún na Meán is led by an Executive Chairperson, and currently includes an Online Safety Commissioner, a Media Development Commissioner, and a Broadcasting Commissioner