Category: Uncategorized

Coimisiún na Meán is aware that the European Commission has initiated formal proceedings against X for possible breaches of the Digital Services Act (DSA). Coimisiún na Meán will provide assistance to the European Commission in this investigation.

Coimisiún na Meán will enforce the DSA in Ireland from February 17^th 2024, when the legislation becomes fully applicable and An Coimisiún’s formal powers as Ireland’s Digital Services Coordinator commence. An Coimisiún’s enforcement of the DSA will form part of Ireland’s overall online safety framework, alongside the draft Online Safety Code, which is out for consultation and the EU Terrorist Content Online Regulation.

Under the DSA, the responsibility for supervising Very Large Online Platforms and Search Engines is shared between the European Commission and the regulator of the EU Member State where the service has its EU headquarters. Thirteen out of the nineteen Very Large Online Platforms and Search Engines designated so far, including X, have their EU headquarters in Ireland. Coimisiún na Meán is working closely with the European Commission and other European regulators to prepare for the DSA.

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Media contact: Joanne Ahern, DHR Communications, Tel: 087-9881837, Email: media.cnam@dhr.ie.

All other queries: Coimisiún na Meán, 01-6441200.

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.

As soon as Coimisiún na Meán became aware of the horiffic stabbing incident in Dublin last Thursday, we contacted large platforms to alert them to the incident and raise concerns about the spread of violent imagery and the incitement of hatred and violence online.

On Friday, along with the European Commission, we met with these platforms to get information on how they had responded to the incident. We have continued to speak to the platforms this week. The platforms have shared information about the speed and efficacy of their response, including some broad data on content removals.

The platforms indicated that they responded quickly to the spread of illegal content on their services. However we remain concerned about the spread of misinformation and disinformation online, and its real-world impacts. We expect the platforms to remain vigilant to any use of their service that could lead to hatred or violence and report any evidence of criminal activity to An Garda Síochána.

We remind people to be aware of the risks of disinformation and misinformation online, and to Stop, Think and Check before sharing content with others.

We are following up with the platforms to learn more about their policies and processes for dealing with disinformation and misinformation, so that once our powers are fully in place from February 17^th 2024, we can work effectively with the European Commission to keep people safe online.

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Following yesterday’s violent events in Dublin, Coimisiún na Meán has held meetings with platforms today together with the European Commission to get more information about how they have responded to the incidents that unfolded online and offline.

Yesterday afternoon, Coimisiún na Meán alerted the platforms to our concerns about the possibility of graphic images and videos being shared, and about the incident being used as a reason to incite violence and hatred, following news of the stabbing incident. The platforms informed us that they had activated their incident response mechanisms.

A feature of the rioting last night was the use of messaging and online platforms to spread hatred, to incite violence and crime, as well as to spread disinformation. Coimisiún na Méan calls on all platforms based in Ireland to limit the spread of such content and take steps not to amplify it. We also encourage them to work with An Garda Síochána in identifying persons using their platforms to spread hatred and incite crime. We encourage any organisations which have evidence of this type of content being disseminated online to bring it to the attention of An Garda Síochána.

We remain concerned about the spread of videos or imagery showing graphic violence, speech inciting hatred or violence, and the spread of disinformation and misinformation. We plan to meet with the platforms again in the coming days to receive further updates on how the platforms are responding to these events.

Under the EU Digital Services Act, Very Large Online Platforms are obliged to assess and mitigate a series of risks from the use of their services, including negative effects for public security. They are also obliged to notify law enforcement authorities if they become aware of information about an actual or potential criminal offence involving public safety.

Coimisiún na Meán emphasises in the strongest possible terms that online services should act responsibly and do their utmost to prevent their services being used to exacerbate the current situation.

We also alert the general public to be alert to misinformation and disinformation circulating online. We urge them to rely on reputable sources of information and to Stop, Think and Check when reading information and especially before sharing it.

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Media contact: Joanne Ahern, DHR Communications, Tel: 087-9881837

All other queries: Coimisiún na Meán, 01-6441200.

Notes for Editors:

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.

Advice about misinformation and disinformation can be found at https://www.bemediasmart.ie/

First and foremost, Coimisiún na Meán’s thoughts are with the victims of yesterday’s horrific stabbings in Dublin, their families, and communities.

When we became aware of the incident, we immediately contacted large online platforms to bring the incident to their attention so that they could respond. Specifically, we expressed concerns about:

• Imagery or videos of the incident being shared online, both out of respect for the victims and to prevent children and adults from being exposed to scenes of graphic violence online.
• The use of this incident to incite violence against individuals or groups.

Under the EU Digital Services Act, Very Large Online Platforms are obliged to assess and mitigate a series of risks from the use of their services, including negative effects for public security. They are also obliged to notify law enforcement authorities if they become aware of information about an actual or potential criminal offence involving public safety.

Subsequent to our contact the major platforms responded yesterday evening and we understand that they have activated their incident response plans. We are having further discussions with the platforms today to gather additional information about how they have responded to this incident and how they will deal with any future issues that arise.

We are also in contact with An Garda Síochána as they continue to respond to yesterday’s incidents.

The violent incidents yesterday highlighted the risks of disinformation and misinformation to a modern democracy. We want people to be aware that there tends to be a surge of disinformation and misinformation whenever there is a high-profile incident.

In line with the public awareness raising campaign we have been running in collaboration with Media Literacy Ireland, we urge everyone to follow the advice to Stop, Think and Check that the information that they are getting, from whatever source, is accurate and reliable.

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Media contact: Joanne Ahern, DHR Communications, Tel: 087-9881837

All other queries: Coimisiún na Meán, 01-6441200.

Notes for Editors:

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.

Advice about misinformation and disinformation can be found at https://www.bemediasmart.ie/

Coimisiún na Meán has today published a Designation Decision Framework for video-sharing platform services (“VSPS Designation Decision Framework”) to inform individual providers of online services of the assessment and decision-making process it intends to follow, in order to determine whether a named service meets the defining criteria of a video-sharing platform services (“VSPS”) and whether the provider of such a service is under the jurisdiction of Ireland.  

Under the Broadcasting Act 2009 as amended, EU Member States are required to ensure that VSPS providers under their jurisdiction take appropriate measures to protect young people from content which may impair their physical, mental or moral development. Members States are also required to protect the general public from illegal content and from content containing incitement to violence or to hatred and ensure that providers of VSPS comply with advertising requirements and standards on these services. 

The VSPS Designation Decision Framework supports evidence-based, transparent, consistent, and proportionate decision-making by the Commission in the exercise of its statutory functions. It is informed by the statutory provisions of the 2009 Act and also references information to which the Commission shall have regard to, including a report prepared by the consulting body PA Consulting. The Commission will draw on, among other sources, the data sources identified in the report, including questions, indicators, and metrics relevant to a VSPS designation, its own research and the European Guidelines on the application of the essential functionality criterion. 

Ends 

The latest JNLR/Ipsos MRBI report into radio listening is published today (09.11.23).  

On behalf of the JNLR Committee, a media release and summary information tables are available to download here. 

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Please note: 

Media queries regarding individual programme or station performance should be directed to IPSOS MRBI or the relevant broadcaster. 

On the 2 October 2023, Coimisiún na Meán published a Levy Consultation.

Following requests from the industry, the Commission has agreed to extend the deadline by one day. The new deadline for submissions is Wednesday, 1 November 2023.

Submission can be made to LevyConsultation@cnam.ie and a copy of the Levy Consultation may be found here.

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The European Commission services have signed administrative arrangements with the media regulators of Ireland (Coimisiún na Meán) and France (Autorité de regulation de la communication audiovisuelle et numérique, Arcom), to support its supervisory and enforcement powers under the Digital Services Act (DSA). These arrangements aim at developing expertise and capabilities and follow the Commission Recommendation to Member States for coordinating their response to the spread and amplification of illegal content on Very Large Online Platforms and Very Large Online Search Engines, ahead of the deadline for Member States to play their role in the enforcement of the DSA.  

The DSA sets landmark rules to shape a secure and trusted online environment in the EU. Ensuring closer cooperation with Member States and national regulatory authorities has become even more crucial to achieve this in the current context of conflict and uncertainty, particularly with Russia’s war of aggression against Ukraine, and now with the terrorist attacks by Hamas on Israel. 

These bilateral arrangements will allow the Commission services and relevant national authorities to exchange information, data, good practices, methodologies, technical systems and tools. Effective cooperation will facilitate the Commission’s assessment of systemic risks, the identification of emerging ones, including risks related to the spread and amplification of illegal content, as well as other systemic risks under the DSA, such as the spreading of disinformation or the protection of minors.   

The arrangements will be of particular importance until the establishment of the Board of Digital Services Coordinators, which is due for February 2023 and will be composed of independent Digital Service Coordinators of the Member States. Once the Board is operational, these arrangements will continue to provide an added value to organise the practical relationships between Commission services and national authorities in full compliance with the DSA. 

Next steps 

The Commission service responsible for the implementation and enforcement of the DSA, the Directorate-General for Communications Networks, Content and Technology (CNECT) is in discussions with other national regulators and EU bodies to sign similar administrative arrangements to support it in its assessment of systemic and emerging issues under the DSA. The Commission will announce them in due time. 

Background 

At the end of August 2023, the DSA became legally enforceable for designated Very Large Online Platforms and Very Large Online Search Engines. The DSA aims at empowering and protecting users online, among other things by requiring the designated services to assess and mitigate their systemic risks and to provide robust content moderation tools. 

The designated platforms have now completed the first annual risk assessment exercise to examine risks such as how illegal content might be disseminated through their services. The DSA requires Very Large Online Platforms and Very Large Online Search Engines to adopt mitigation measures that are tailored to the specific systemic risks identified. Very Large Online Platforms have to assess the risks their systems pose, including systemic risks about illegal content and for protecting public interests. 

The Member States are obliged to designate their Digital Services Coordinators and other national competent authorities responsible for the monitoring and enforcement of the Digital Services Act by 17 February 2024. Nonetheless, the effective monitoring and enforcement of this Regulation by the Commission in relation to those designated Very Large Online Platforms and Very Large Online Search Engines already requires the assistance of and active cooperation with a wide range of relevant national entities. 

For More Information 

Commission recommends Member States to fast-track DSA governance 

EU Official Journal text on the DSA 

Digital Services Act Q&A 

Digital Services Act fact page 

Quotes 

Jeremy Godfrey, Executive Chair, Coimisiún na Meán  

Thirteen of the nineteen very large online platforms and search engines have their EU headquarters in Ireland. This means Coimisiún na Meán will have a special role, working in tandem with the European Commission as we use the Digital Service Act to ensure a safer online world.  We look forward to collaborating with the European Commission and other national regulators to address urgent issues and to develop our shared expertise as we prepare to play our part in enforcing the DSA.  

John Evans, Digital Services Commissioner, Coimisiún na Meán  

Signing this agreement is an important step in our preparations to be Ireland’s Digital Services Coordinator. Working with the European Commission and other regulators will be hugely beneficial to us as we continue to grow our organisation.  

The Commission published its e-Commerce compliance consultation on 11 July 2023 and received one submission from Technology Ireland on the 16^th August 2023. Following review of  the submission received, the Commission has now finalised its e-Commerce Compliance Strategy. A copy of the Strategy, published on the 6^th October last, can be found here.

The strategy set out the Commission’s approach to ensuring that:

(a) no requirements that are inconsistent with the limitations placed on the liability of intermediary service providers by regulations 16 to 18 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S. I. No. 68 of 2003 ), and

(b) no general obligation on providers, when providing the services covered by regulations 16 to 18 of those Regulations, to monitor the information which they transmit or store, and no general obligation actively to seek facts or circumstances indicating illegal activity, contrary to Article 15 of the E-Commerce Directive,

are imposed, by virtue of online safety codes or online safety guidance materials or advisory notices.

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