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Ireland has already been fined for the delay in implementing the code.
Coimisiún na Meán (CnaM) – Ireland’s media regulator – has published the finalised Online Safety Code after being in development for more than a year.
The code will start applying to the 10 “designated” video-sharing giants – Facebook, Instagram, YouTube, Udemy, TikTok, LinkedIn, X, Pinterest, Tumblr and Reddit – headquartered in Ireland in the next 28 days, while the platforms will receive an implementation period of up to nine months for some provisions of the code that require IT support and building.
The code means the video-sharing platforms are obligated to protect users, especially minors from harmful content. This includes prohibiting the uploading and sharing of content that promotes cyberbullying, self-harm, suicide, eating disorders and incitement to hatred and violence among other detrimental content.
It also requires platforms to prevent children from encountering pornography or violent content and to have appropriate age verification measures in place.
Additionally, the designated sites must also implement parental controls for content that may “impair” the physical, mental or moral development in children under the age of 16.
Under the new code, each video-sharing platform will also need to publish an action plan specifying the measures it will take to promote media literary – a plan that the platforms will be need to update annually.
Platforms found to be in breach of the new code can be fined up to €20m or 10pc of its annual turnover – whichever sum is larger.
The Online Safety Code was opened for public feedback late last year and received nearly 1,400 responses.
“The adoption of the Online Safety Code brings an end to the era of social media self-regulation,” said Niamh Hodnett, the country’s first online safety commissioner. “The code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users.
“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.”
CnaM will take a supervisory position, overseeing the implementation and enforcement of the code, which is based on the Online Safety and Media Regulation Act of 2022.
Executive chair of CnaM, Jeremy Godfrey, said that with the code’s implementation, all the elements of Ireland’s Online Safety Framework are now in place.
The Online Safety Framework is formed with three pieces of legislation – the Online Safety and Media Regulation Act, the EU Digital Services Act and the EU Terrorist Content Regulation.
“Our focus now is on fully implementing the framework and driving positive changes in peoples’ lives online. 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,” Godfrey said.
A few weeks ago, Minister for Justice Helen McEntee, TD, gave the CnaM the power to impose fines on internet companies that fail to remove online terrorist content quickly.
Reddit, one of the 10 designated video-sharing platforms that will be covered under the new Online Safety Code took legal action to overturn its designation, as did Tumblr. However, in June, the High Court dismissed both cases, saying that CnaM was entitled to include both platforms in its list. However, Reddit told the Irish Independent that it is not covered by new code as it has moved its jurisdiction to the Netherlands. SiliconRepublic.com has reached out to CnaM in relation to these platforms.
Earlier this year, the European Court of Justice imposed a €2.5m fine on Ireland for failing to implement the Online Safety Code sooner. As well as the lump sum fine, the country was also required to pay a daily penalty of €10,000 from 29 February 2024 until the day that it “puts an end” to the infringement, ie, when the code has been adopted.
Updated 7.35am, 22 October 2024: This article was updated to add additional context about Reddit.
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