Big tech firms insist Online Safety Code for children is 'overreaching'
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Lobby groups for social media giants including X and TikTok have claimed the country’s proposed new Online Safety Code, aimed at protecting children from harmful content, is “overly prescriptive” and “overreaching”.
Submissions were made by two groups, of which TikTok, X, and Meta are members, on Coimisiún na Meán’s proposals which were referred to Europe earlier this year.
These proposals would see the onus put on online platforms to put measures in place to protect users, particularly children, from illegal content.
The Computer and Communications Industry Association of Europe has asked the European Commission to “issue a detailed opinion” so the code is changed, while Ibec group Technology Ireland said that it is important that the watchdog’s transposition of EU directives doesn’t “impose obligations which go beyond what is required”.
Regarding the requirement to suspend “repeat infringers” for uploading harmful content, the Computer and Communications Industry Association — which counts X and Meta as members — said this “goes beyond the requirements” set out in an EU directive.
Coimisiún na Meán has said the code will bring in obligations for video-sharing platforms to protect users from harmful content, and sit alongside the powers it has under the EU Digital Services Act.
This includes a prohibition on uploading or sharing the likes of cyberbullying, racism, child sex abuse material, terrorism or incitement to hatred or violence. It will also preclude these platforms having content that promotes self-harm or suicide, or content that promotes eating disorders.
The code will require these platforms to use “age assurance” to prevent children from encountering pornography or gratuitous violence online.
Technology Ireland, of which TikTok is a member, said that parental control measures envisaged under the Code “goes beyond what is required” under EU directives.
In May, Coimisiún na Meán said it was submitting the Online Safety Code to the European Commission under the TRIS directive, which puts new regulations at a standstill for a few months while other EU states and interested parties can make submissions on them. Online Safety Commissioner Niamh Hodnett said:
It also said there was no transition period envisaged under the code, and that a “proportionate” minimum transition period of 12 months should be adopted to allow companies to adapt their systems.
Richard Hogan, a psychotherapist who specialises in working with families, said social media companies' profits are based on people accessing and using the platform so it incentivises them to keep even "repeat offenders" on their sites.
"Every day, children's rights are being diminished," Mr Hogan said.
He said timelines should be made clear on when websites must act and take down harmful content, and action taken against them when such timelines aren't followed.
Referencing fake adverts featuring public figures that have been repeatedly shared on social media, Mr Hogan added: "If the Taoiseach can't get a post taken down, what chance has an ordinary person?"
The “standstill” period for the code expires on Wednesday, with Coimisiún na Méan indicating it will move to finalise and apply the code to video-sharing platforms with their EU headquarters in Ireland.