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Coimisiún na Meán adopts final Online Safety Code

Published on

21,10,2024

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.”