New media watchdog has ‘real teeth’ to ensure online services comply on harmful content, commissioners say

Coimisiún na Meán will be working ‘hand in hand’ with European Commission

Niamh Hodnett, the commissioner for online safety, says the new code will take a “child-centred” approach

The new Irish media watchdog has “teeth” to ensure online service providers comply with legally binding obligations on harmful content and is “not afraid” to take enforcement action if required, its commissioners have said.

In March of this year, Coimisiún na Meán was formally established under the Online Safety and Media Regulation (OSMR) Act 2022, and is led by four commissioners.

On Tuesday, the body set out its work programme for the coming nine months, which includes extended regulation to cover on-demand services as well as traditional TV, and funding for local journalism schemes. One of the biggest changes the body will introduce are legally binding obligations that seek to make the internet safer for everyone.

Niamh Hodnett, the commissioner for online safety, said the new code would take a “child-centred” approach. “I want to be clear that complying with the online safety code will not be optional. If the platforms choose not to work with us, we will move to enforcement including civil and criminal sanctions,” she said.

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“We can include fines of up to 10 per cent of relevant turnover or €20 million, whichever is the greater. We can prosecute for criminal liability for certain offences under the Act. I sincerely hope this will not be necessary.”

Ms Hodnett said in terms of enforcement, Coimisiún na Meán was not alone and would be working “hand in hand” with the European Commission. “We do believe we have teeth, together with the European Commission to enforce [this],” she added.

It is envisaged a draft code will be completed by the autumn, with a view to adopting it by the end of the year.

Ms Hodnett said it was important to improve online safety, highlighting the impact which harmful content has had on young people, in particular.

“The impact of toxic beauty, self-harm and suicidal ideation, or cyber bullying where there is no respite is indeed grave. The impact of misogynistic content online deters women from taking on public roles,” she said.

Jeremy Godfrey, executive chairman of the commission, said the aim was to be “more or less fully operational by the end of the year”. The organisation has 50 staff, and aims to have about 160 in this first phase of growth, by February next year.

Mr Godfrey said the commission would be funded through a levy paid for by the bodies they regulate, including broadcasters and on-demand video services. He said the price of the levy had not yet been determined, but would be based on how much money the organisation requires to operate.

“Properly functioning broadcast and online media are essential to everyone’s fundamental rights in a democratic society,” he said. “I look forward to working with my fellow commissioners, industry stakeholders and advocacy groups to develop a media commission that truly meets the needs of the people of Ireland and Europe.”

Shauna Bowers

Shauna Bowers

Shauna Bowers is Health Correspondent of The Irish Times