Ireland’s media regulator has published its finalised Online Safety Code, which sets binding rules on major platforms like Facebook and YouTube to prohibit harmful content like cyberbullying, racism, or incitement to hatred.
Furthermore, platforms will have to use robust age assurance such as verifying a passport photo to prevent children from seeing pornography or gratuitous violence online, as “merely asking users whether they are over 18 will not be enough”.
Fines of €20m or 10% of a company's turnover could apply for breaches of the rules.
Coimisiún na Meán’s online safety commissioner Niamh Hodnett said the adoption of the code “brings an end to the era of social media self-regulation".
“The code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users,” she said.
"We will work to make sure that people know their rights when they go online and we will hold the platforms to account and take action when platforms don’t live up to their obligations."
In early January, Coimisiún na Méan designated the video-sharing services to which the code would apply. These were Facebook, Instagram, YouTube, TikTok, X, Linkedin, Pinterest, Tumblr, Reddit and Udemy.
Some of the platforms that will be obliged to adhere to the code took High Court challenges seeking to have themselves excluded from the list of firms to be covered by the regulations.
In June, Ms Justice Siobhan Phelan dismissed separate challenges by Reddit and Tumblr on this matter.
In a statement on Monday, the regulator said the obligations introduced on these firms would protect people, particularly children, from harmful video and associated content, such as:
- “Prohibiting the uploading or sharing of harmful content on their services, including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism and xenophobia;
- “Using age assurance to prevent children from encountering pornography or gratuitous violence online and having age verification measures in place as appropriate;
- “Providing parental controls for content which may impair the physical, mental, or moral development of children under 16.”
On the topic of age assurance, Coimisiún na Meán’s executive chair Jeremy Godfrey previously told the Irish Examiner the regulator would not be “absolutely prescriptive” on how it should work, a requirement for a person to show their passport and then a selfie to verify they are the person on the passport could be described as a “gold standard”.
The obligations in the code will apply from November, with platforms having an implementation period to come into compliance.
Coimisiún na Meán said the code forms part of its overall Online Safety Framework, which includes various regulations aimed at keeping users safe online and cracking down on platforms that break the rules.
“With the adoption of the Online Safety Code, all the elements of our Online Safety Framework are now in place,” Mr Godfrey added.
“Our message to people is clear: if you come across something you think is illegal or against a platform’s own rules for what they allow, you should report it directly to the platform.
"Our contact centre is available to provide advice and guidance to people if they need help.”
In advance of the finalised code taking effect, Coimisiún na Meán issued educational resources to post-primary schools across the country last week.
It said these resources would support teaching and learning about the rights of children and young people online, and what the regulator’s framework can do to help them.