Ireland’s media regulator has launched a review into how technology companies are dealing with illegal online content.
An initial information-gathering process could ultimately be expanded to possible investigation and enforcement action which could lead to sanctions or fines being imposed.
Platforms being contacted at this point by the regulator include TikTok, X, YouTube and Meta.
Coimisiún na Meán said it was concerned that people were having difficulty reporting illegal content to online platforms. It said that under the Digital Services Act, online platforms were required to act on reports of illegal content in line with the law.
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It said its concern came on foot of an initial review as well as from information gathered from An Coimisiún’s contact centre and complaints passed on by other European regulators.
Coimisiún na Meán said it was now initiating a formal review of online platforms’ systems, to ensure that the platforms were complying with their obligations under the EU Digital Services Act.
It said under this legislation online platforms must provide easy to access and user-friendly ways for users to report illegal content and must also have a clear and accessible point of contact for users to contact them.
“Coimisiún na Meán is responsible for making sure that all platforms with their EU headquarters in Ireland follow these rules, while working closely with the European Commission and other online safety regulators across Europe.
“Coimisiún na Meán has now issued formal requests for information to a range of platforms for further comprehensive detail on their approach to reporting options for illegal content and points of contact for users. Once the information gathering phase is complete, Coimisiún na Meán will engage with the platforms to ensure that their reporting mechanisms and point of contacts comply with the requirements of the Digital Services Act.
“Where concerns remain, Coimisiún na Meán can issue a compliance notice directing platforms to address any shortcomings identified in their systems and processes.”
It said if this did not lead to changes and improvements, it could open a formal investigation.
“If the investigation leads to a finding of noncompliance, Coimisiún na Meán can impose sanctions, such as a fine. An Coimisiún can also enter into a binding commitment agreement with a platform, in which the platform gives undertakings to bring its behaviour into line with the law.”
John Evans, Digital Services Commissioner at Coimisiún na Meán, said: “The Digital Services Act is a landmark law aimed at creating a safer and fairer online environment for users. However, its effectiveness for Irish and EU citizens hinges on the full implementation of its provisions by platforms.
“Of the complaints we have from people in Ireland and across Europe about online platforms, one in three are about problems when reporting illegal content online. We are intervening now to ensure that platforms follow the rules so that people can effectively exercise their rights under the Digital Services Act.’’
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