The Department of Communications is not ruling out holding individual directors of social media companies liable for online safety breaches.
Appearing before the Oireachtas Media Committee, Seamus Hempenstall, Principal Officer at the Department of Communications, said the issue of pursuing individuals in companies is not off the table.
He was responding to questions from Fianna Fáil TD Malcolm Byrne about recent laws announced in Spain that would see tech company directors being held liable for harmful content.
"It is very complex to be able to do something like that, it is not something that this Department is ruling out, but the focus at the moment in terms of online safety is supporting Coimisiún na Meán in implementing the legislation and regulations that we already have," Mr Hempenstall said.
"That issue of pursuing individuals in companies isn't off the table," he added.
The Oireachtas Committee on Media is holding a hearing on online harms, including the risks posed by AI-generated material.
Online Safety Commissioner Niamh Hodnett also appeared before the Committee and was asked about the issue of director liability.
"We are following with interest work from the Spanish, they announced some measures at the start of this month," Ms Hodnett said.
"They looked at whether there should be criminal sanctions in relation to the promoting of illegal content through recommender systems and whether that should also result in director liability," she added.
Ms Hodnett also described as "horrendous" the ability of the Grok AI tool to generate sexualised images of adults and children.
She outlined how her office is working with the European Commission in its investigation into X, the parent company of Grok, which is being conducted under the EU's Digital Services Act (DSA).
However Sinn Féin TD Joanna Byrne said that addressing the issue at an EU level allowed both Coimisiún na Meán and the Department of Communications to "sit back on your hands and allow somebody else to step up and take the lead."
She also questioned why X has not already been fined under Irish law.
Ms Hodnett told the committee that Coimisiún na Meán's contact centre has received 530 contacts so far in 2026 and that 31 of these related to Grok.
In her opening statement, Ms Hodnett said that her office will have further responsibilities under the AI Act, including in relation to prohibited AI practices.
"Children can be exposed to inappropriate content and addictive design through AI recommender systems or chatbots," Ms Hodnett said.
"Generative AI can be used to create child sexual abuse material (CSAM) and non-consensual intimate imagery. We share the public's concerns about nudification apps," she said.
In his opening statement, Mr Hempenstall outlined plans for the integration of an age-verification tool into Ireland's forthcoming digital wallet.
"It is envisaged that a pilot will take place in the coming months, with the support and participation of social media platforms," Mr Hempenstall said.
"It is important to say that the wallet itself and the age verification tool will be voluntary and that it is intended as one of a number of options for platforms to avail of in order to fulfil their regulatory obligations," she added.
"Participation in the pilot will also be voluntary," he added.
Committee Cathaoirleach Alan Kelly said members are keen to discuss the challenges posed by the dissemination of illegal and harmful AI-generated content, including issues arising from the Grok AI tool.
"The committee is particularly concerned about the exposure of children and young people to harmful and illegal content online, including AI-generated material," the Labour TD said.
"It is essential that platforms are robustly regulated and that enforcement mechanisms are effective, and we must ensure that Ireland’s regulatory system keeps pace with technological change, while also working closely with our European partners," he added.
