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Ireland's Online Safety Code: A New Era for Digital Governance

In a groundbreaking move to combat online harm, Ireland's media and Internet watchdog, Coimisiún na Meán, has adopted and published an Online Safety Code that will apply to video-sharing platforms headquartered in the country from next month.

This Code aims to tackle a wide range of harmful content types, including cyberbullying, self-harm, eating disorders, content that incites hatred or violence, terrorism, child sex abuse material (CSAM), racism, and xenophobia.

The Code builds upon the European Union's Digital Services Act (DSA), which focuses on online governance of illegal content. However, Coimisiún na Meán's Code broadens the scope to include harmful content that is not necessarily illegal. The regulator's goal is to address content that can cause harm to users, even if it is not illegal.

Key Requirements of the Online Safety Code

  1. Terms and Conditions: In-scope platforms must have terms and conditions that explicitly ban uploads or sharing of harmful content types, including cyberbullying, self-harm, and eating disorders.
  2. Notice and Takedown: Platforms must have mechanisms for users to report harmful content, and they must remove it in line with their terms and conditions.
  1. Age Assurance: video sites that permit pornographic content or gratuitous violence must apply "appropriate" age assurance to ensure minors do not access inappropriate content.
  2. Content rating Systems: Platforms must establish user-friendly content rating systems to help users make informed decisions about the content they consume.
  3. Parental Controls: Platforms must provide parental controls for content that may "impair the physical, mental, or moral development of children under 16".

Recommender Systems

The regulator previously considered requiring video-sharing platforms to turn off profiling-based content recommendations by default as a safety measure. However, after a public consultation, this measure did not make it into the final Code. Instead, the regulator will focus on the EU's Digital Services Act to address the potential harm of recommender systems.

Mitigating Harms

The Code aims to mitigate harms driven through algorithmic amplification, which is a stated goal. However, the regulator has not specified how it will achieve this. It is unclear whether the Code will require platforms to make changes to their recommender systems or provide additional guidance on how to mitigate these harms.

Enforcement and Accountability

The Online Safety Commissioner, Niamh Hodnett, has stated that the adoption of the Online Safety Code brings an end to the era of social media self-regulation. The Code sets binding rules for video-sharing platforms to follow, and the regulator will work to ensure that people know their rights when they go online and hold platforms accountable for their obligations.

Implementation and Next Steps

The Online Safety Code is part of Ireland's overall Online Safety Framework, which aims to ensure digital services are accountable for protecting users from online harm. The regulator will work to fully implement the Framework and drive positive changes in people's lives online.

Conclusion

The Online Safety Code is a significant step forward in addressing online harm in Ireland. The Code sets binding rules for video-sharing platforms to follow, and the regulator will work to ensure that people know their rights when they go online and hold platforms accountable for their obligations. As the Code is implemented, it will be important to monitor its effectiveness and make any necessary adjustments to ensure that it is achieving its goals.