Coimisiún na Meán (CnaM), possesses both the authority and responsibility under the Broadcasting Act 2009, as amended by the Online Safety and Media Regulation Act 2022, to designate video-sharing platform services (VSPSs) under Irish jurisdiction as a category of relevant online services. Such designation would enable the application of online safety codes to these platforms.
In accordance with its legal powers, and while considering its statutory obligations, the Commission has put forth a proposal to designate VSPSs as a category of relevant online services. This proposal is a significant step towards implementing appropriate regulations and guidelines for VSPSs operating within the Irish jurisdiction. To ensure transparency and inclusivity, the Commission has decided to conduct a consultation process to gather feedback and insights on this proposal.
This development is also a significant step towards implementing the revised Audio-Visual Media Services Directive into Irish law. The directive requires member states to ensure that VSPSs take appropriate measures to protect young people from harmful content, safeguard the public from illegal content and comply with advertising standards.
The consultation initiated by CnaM aims to gather input and feedback on two key aspects. First of all, CnaM is seeking responses regarding its proposal to designate VSPSs as a category of relevant online services falling under the Irish jurisdiction. This designation is crucial as it sets the groundwork for enforcing online safety codes that will be developed and enforced by CnaM. Secondly, CnaM is inviting feedback submissions specifically on the draft notice of VSPS category designation.
CnaM encourages various parties to participate in this consultation process- interested members of the public, Technology Ireland (the representative group of VSPSs), VSPSs established in Ireland and any other concerned stakeholders are all invited to provide their input. CnaM emphasises that all submissions received will be taken into account in the decision-making process related to the category designation of VSPSs.
The consultation process provides an opportunity for stakeholders to express their perspectives on the designation of VSPSs and influence the development of online safety regulations in Ireland. It also allows interested parties to contribute their insights and expertise, ensuring a more inclusive and informed decision-making process.
To ensure participation in the consultation, all interested parties must submit their responses in writing via email or postal mail. The deadline for submissions is 12:00GMT on July 26, 2023.
Written submissions can be sent to VSPSdesignation@cnam.ie or to Caroline Keville, VSPS Category Designation, Coimisiún na Meán, 2-5 Warrington Place, Dublin 2.
Note: This consultation relates solely to the Commission’s statutory obligation to designate VSPS as a category of relevant online services pursuant to section 139G(1) of the 2009 Act as amended. The Commission is not consulting on the designation of individual named VSPS services at this time.
If you wish to seek further advice on any of the issues in this article please contact Olivia O'Kane, Partner and Head of Technology, Media, Cyber & Data Privacy Disputes (Northern Ireland & ROI).
Our Technology, Media and Communications Team in Belfast:
Olivia O'Kane, Partner
Niamh Dunford, Solicitor
Kaitlin Stewart, Trainee Solicitor
Andrew Newell, Trainee Solicitor
Olivia Cumming, Paralegal
