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New law to crack down on cyberbullying and material that promotes self-harm

Minister for Communications Richard Bruton is proposing the establishment of an Online Safety Commissioner.

A NEW ONLINE Safety Act to improve online safety and ensure that children can be protected online has been proposed by Minister for Communications Richard Bruton. 

Bruton proposed harmful online content that needs to be targeted under his plan includes serious cyber bullying, material which promotes self-harm or suicide and material designed to encourage prolonged nutritional deprivation that would have the effect of exposing a person to risk of death. 

An Online Safety Act, according to Bruton, would place new requirements on operators to:

  • Operate an Online Safety Code, which would set out the steps they are taking to keep their users safe online.
  • Include in their code a number of issues at a minimum (eg. a prohibition of cyber bullying material – provide a complaints procedure where people can request material be taken down, with timelines)
  • Build safety into the design of online platforms through the application of technology and human intervention.

“The situation at present where online and social media companies are not subject to any oversight or regulation by the State for the content which is shared on their platforms is no longer sustainable,” Bruton said. 

“I believe that the era of self-regulation in this area is over and a new Online Safety Act is necessary,” he said.

Online Safety Commissioner

Bruton said that in passing an Online Safety Act, it was important to set out clearly the powers and role of an Online Safety Commissioner. 

It is proposed that a number of powers could be provided to the Commissioner. 

For example, the Commissioner would certify that each Online Safety Code is either “fit for purpose” or requires changes to it. 

The Commissioner would also require a service to remove an individual piece of content within a set timeframe, on receipt of an appeal from a user who is dissatisfied with the response they have received to a complaint submitted to the service provider.

They would also, among other powers, be able to impose administrative fines in relation to failures of compliance and publish the fact that a service has failed to comply or cooperate with the regulator.

“Many parents find it difficult to keep up with the latest technology, or the latest app. That is understandable given how quickly online games and technology can evolve. To me it emphasises why the establishment of an Online Safety Commissioner is so important,” Bruton said.

While it would be impossible to remove every danger from the internet or from the adaptation of new technology, what we need to do is to ensure that parents and children are better equipped, that the State can provide regulation and enforcement, and that online platforms take responsibility.

Bruton said there are two ways in which an Online Safety Commissioner can be established including through a new Media Commission by restructuring the Broadcasting Authority of Ireland (BAI), along the lines of the multi-Commissioner Competition and Consumer Protection Commission. 

Alternatively, he said there could be two regulatory bodies, one of which would involve restructuring the BAI and assigning its responsibility for content which is subject to editorial control (such as traditional television and radio). The second online safety regulator would be a new body responsible for online content that is not subject to editorial controls (such as social media).

Consultation

The Minister also announced the commencement of a six-week consultation period on the options which he has set out today. 

“I urge all parents and students, all teachers, all industry and groups who have views on these issues and who have concerns about possible impacts to make their views known so that we can take them into account as we develop legal proposals which are implementable,” Bruton said.

Following the consultation period, Bruton will be a draft Bill to government, setting out a detailed plan of how progress will be made.

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21 Comments
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    Mute Wade Wilson
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    Mar 4th 2019, 9:34 AM

    This is a backdoor to allow the government to take down any materials online that display them in a bad light. With such a broad definition anything that is not praise can be viewed as bullying and content providers will be forced to remove it. If passed this will be the begining of a Great Firewall like that have in China where the government can sanitise all negative stories and make sure the citizens never find out about any scandals.

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    Mute Joe Phillips
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    Mar 4th 2019, 10:04 AM

    @Wade Wilson: Exactly. Thought-police on the way

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    Mute Irish Genius
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    Mar 4th 2019, 10:16 AM

    @Wade Wilson: my thoughts exactly, it a back door to the end of free speech

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    Mute Des Buckley-Rothwell
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    Mar 4th 2019, 11:44 AM

    @Wade Wilson: http://www.mewe.com

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    Mute Nuala Mc Namara
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    Mar 4th 2019, 11:55 AM

    @Wade Wilson: The positive thing about the new law is that children who are bullied and filmed will be able to get those videos deleted.
    I read a very interesting article in September last year in Irish Independent:’Varadkar:’Idea of anonymous online profiles was ‘floated’,but not seriously’ 6/9/18.They were to be used “to praise FG’s work” according to article.It was mentioned in the book about him:’Leo:A Very Modern Taoiseach’.

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    Mute jacquoranda
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    Mar 4th 2019, 8:54 AM

    I think Social Media is doing untold damage to the development of our children and young people. On many levels:
    - It prevents a distorted, narcissistic and unrealistic view of the world, in which it is even challenging for adults to stay grounded. Children stand no chance.
    - The fact that there’s a permanent record out there of nearly stupid thing someone did growing up isn’t good. The internet never forgets and, as far as a child’s development goes, that’s very bad.
    - Not only is it unproductive time, it’s anti-productive (if that’s even a word). It does nothing to develop a child’s abilities whatsoever.

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    Mute john doe
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    Mar 4th 2019, 2:15 PM

    @jacquoranda: agreed on all points. How do we prevent this or reduce impact? This proposed law wont.
    Good parenting and online awareness education for parents and kids from an early age would help.

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    Mute Charlie Kavanagh
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    Mar 4th 2019, 8:52 PM

    @jacquoranda: OK grandad

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    Mute Motherofthree
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    Mar 4th 2019, 8:36 AM

    The problem is most parents are lax when it comes to online safety and monitoring their kids activity. The easier option is to pop them in front of the Xbox or give the toddler a phone with YouTube.
    The second issue is that technology is progressing at a faster rate than parents can keep up with. I know 4 year olds who have greater aptitude with technology than their parents.

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    Mute Frank Mullen
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    Mar 4th 2019, 11:16 AM

    Why is this government so preoccupied with enhanced nanny state policies, alcohol consumption, cigarette pricing, Gambling addiction and now they propose to dictate what our fragile minds can and cannot see in online media….THERE ARE 10,000 PEOPLE HOMELESS!!! DO SOMETHING!!!

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    Mute Joe Phillips
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    Mar 4th 2019, 1:48 PM

    @Frank Mullen: If a member of the public can cry “bully”, then so can a TD if they don’t like what someone said about them

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    Mute Joe Phillips
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    Mar 4th 2019, 1:49 PM

    (My guess is that’s their real motive here)

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    Mute Kyserkelly
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    Mar 4th 2019, 9:08 AM

    I’m sorry but I really think this cyber bullying is ridiculous. If your being bullied online either block the people bullying you or don’t use the site it’s simple. I dread to think what the world will be like when theses “ Snowflakes” get a grilling from a boss and need their safe space. Cotton wool kids. The real world is going to knock the s**t out of them

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    Mute Kyserkelly
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    Mar 4th 2019, 9:29 AM

    @CrabaRev: I’m talking about kids also. When they grow up and get a job and for some reason the boss gets on to them over something. They are molly coddled to the limit and beyond these days. If a kid/teenager/adult is being bullied either stand up for yourself or block them. Also parents need to stop letting technology raise their children.

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    Mute Joe Phillips
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    Mar 4th 2019, 10:22 AM

    @Kyserkelly: Absolutely agree. We’re going the wrong direction

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    Mute Vic's Burd
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    Mar 4th 2019, 11:48 AM

    @Kyserkelly: well said! I had some TY students in doing work experience and in giving positive criticism (no different to what I get from my boss) and the tears from them!!!!

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    Mute TechBuzz Ireland
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    Mar 4th 2019, 9:06 AM

    Have they tackled fakes new yet. Nope..

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    Mute TheTrustedChalice
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    Mar 4th 2019, 9:22 AM

    @TechBuzz Ireland: Engrish please

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    Mute Skimothy
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    Mar 4th 2019, 9:47 AM

    @TechBuzz Ireland: exactly. The media need to be held accountable for reporting and scaremongering before checking the facts. Momo was a prime example

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    Mute TechBuzz Ireland
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    Mar 4th 2019, 1:37 PM

    @TheTrustedChalice: Typo. Sod off

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    Mute Marianne
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    Mar 4th 2019, 2:43 PM

    At last ..long over due

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