Internet and social media companies could face fines of up to €20m or 10% of their Irish turnover, whichever is higher, if they fail to meet new online safety standards, under fresh proposals announced by the Government today.
The proposed revisions to draft legislation also include proposals that would see senior management at those companies face potential criminal liability for non-compliance with the rules.
The Online Safety and Media Regulation Bill aims to put in place a new system of regulation for internet and social media firms operating in Ireland when it comes to certain defined categories of harmful online content.
This will include the setting up of a new Online Safety Commissioner's office.
It will be part of a new Media Commission that will replace the Broadcasting Authority of Ireland.
The Bill, if passed, will also update the law for how television broadcasting services and video on-demand services are regulated.
In January, the Government published the general scheme of the Bill.
Yesterday, further additions to the plan were agreed by the Cabinet and have been published today by Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin.
As well as the proposed fines and the individual accountability provisions, the Cabinet also approved proposals to have the industry fund the Media Commission.
A content production levy will be placed on audiovisual media services established here and those in other EU states who target customers in this country.
The laws for how TV broadcasting services and video on demand (VOD) services are regulated are also to be updated.
VOD services will have to register with the regulator and sign up to media codes and rules provided by the regulator.
They will also have to have within their catalogue at least 30% of European works, including productions from the UK.
Minister Martin said she was pleased to see the legislation make progress.
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She said the fines had to be of a suitable scale to act as a deterrent and be sufficient to prevent firms of large scale from gaining an economic benefit as a result of non-compliance.
Ireland plays host to many of the largest technology and social media firms in the world, including Google, Facebook, Apple, Twitter and TikTok.
The bill includes provisions to require regulated online services to implement measures to protect people from exposure to various categories of potentially harmful online content, like cyber-bullying, materials that promote eating disorders, self-harm or suicide.
The draft legislation will also transpose into Irish law the EU Audiovisual Media Services Directive.
This framework will ensure greater regulatory alignment of traditional linear TV and video on demand services, such as the RTÉ Player and Apple TV.
The Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media Catherine Martin told the News at One that the new legislation will provide robust oversight for online platforms and a new Online Safety Commissioner will tackle "the spread and amplification of harmful online content".
Catherine Martin said it will allow for the regulation of social media companies, many of which have their European headquarters in Ireland.
She said the Bill will undergo extensive pre-legislative scrutiny in the coming months and consultation with technology companies, as well as NGOs and all relevant people, is ongoing.
She said the Bill provides an option to introduce a content production levy for TV and on demand services, but she said it will be thoroughly examined first to ensure any levy would be proportional and not discriminate across the sector.
CyberSafe Ireland welcomed the additional measures announced today, saying online service providers have a lot of power without the responsibility.
But it also said it has some concerns about the plans.
"There is still for us a gap around how individual complaints are going to be handled once this legislation comes through, because that really is the safety net for an individual who finds themself in a difficult situation," said CyberSafe Ireland's Alex Cooney.
"As it stands at the moment, they won't have the power to go to the Digital Safety Commissioner and request to get content removed from the platforms. And for us it is really important that there is that mechanism so that harmful content can be removed in a timely fashion."
Technology Ireland, which counts some of the largest internet and social media firms in Ireland among its members, said they are still reviewing the latest text.
"There are perhaps some concerns, but overall membership is really eager that the online safety bill progresses and we would encourage the Oireachtas committee to proceed with its pre-legislative scrutiny and ultimately industry wants a regulator in place as soon as possible," said Director Una Fitzpatrick.
She added that the additional regulation and threat of fines is unlikely to put technology firms off investing here as the same kinds of developments are happening across Europe.
Facebook said it has been calling on the Government to establish the Media Commission and appoint an Online Safety Commissioner.
"So the fact that the remaining provisions have been published and the Bill will move to the pre-legislative scrutiny phase is welcome progress," the social network said.
"We will need to examine the new provisions before commenting on them."
While Google said it is committed to keeping its users protected when using its products and services.
"We continue to invest heavily in technology and people to combat the spread of illegal content," the company said in a statement.
"We continuously develop new technologies, update our policies, and engage with policy makers to ensure that we are addressing the biggest online challenges. We welcome an updated legal framework in which to continue this vital work."
