Online Safety Code Ends Self-Regulation

The Irish media regulatory body, Coimisiún na Meán, has released its internet safety rulebook, heralding, in their words, “the conclusion of self-regulation in the realm of social media”. The criteria, which hold legal authority, govern video-sharing platforms based in the European Union, specifically those with head offices in Ireland.

Companies such as Facebook, Instagram, YouTube, TikTok, LinkedIn, X, Pinterest, Tumblr and Reddit will be required to adhere to this freshly-formulated code designed to shield consumers from harmful content, else be hit with penalties reaching up to €20 million.

Niamh Hodnett, the Online Safety Commissioner of Coimisiún na Meán, expressed the need for these regulations as a method to accurately hold social media corporations responsible.

Content propagating cyberbullying, self-harm or suicide endorsement, eating or feeding disorders, as well as incitation of hate or violence, racism, xenophobia, terrorism and the distribution of child sexual exploitation materials, is explicitly banned by the code.

Furthermore, the code stipulates that platforms should introduce age verification mechanisms to safeguard minors from explicit or violent content. It is also expected that users will be provided with avenues to register violations of the code, and that such reports will be acted upon by the platforms.

Interestingly, falsified information designed to deceive, also known as ‘disinformation’, is not addressed in this new code. Instead, platforms will be expected to publicise an ‘action plan’ aimed at enhancing media literacy among users, to assist them in identifying said disinformation.

While the general obligations of the code are set to be implemented from the subsequent month, platforms will be given a transition period before the enforcement of more specific provisions.

In enforcing the code, Coimisiún na Meán aims to adopt a ‘supervisory approach’, working to guarantee the execution of appropriate measures to align platforms with code provisions.

The creation of this online safety code was facilitated by the implementation of the Online Safety and Media Regulation Act of 2022. It carries out certain state obligations listed in the European Commission’s Audiovisual Media Services Directive. The code’s unveiling was preceded by a thorough public consultation period.

The regulatory powers of Coimisiún na Meán over online platforms form a significant component of their broader internet safety framework, embodied in the code. Ms Hodnett declared upon the release of the code, that it falls to Coimisiún na Meán to ensure its application.

She explained that the code provides compulsory guidelines for video-sharing platforms to abide by, in order to lessen the potential damage they can inflict on users. Catherine Martin, the Media Minister, highlighted in her statement that the implementation of the code signifies an essential enhancement in online security.

She stressed that it demands genuine responsibility from providers of online video-sharing platforms. They’re now obligated to actively safeguard their users, which includes the necessity for solid complaint procedures and efficient age-verification systems. Martin believes this will augment everybody’s internet safety, with a specific emphasis on children.

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