IrelandOnline Safety and Media Regulation Act 2022 (No. 41 of 2022)
Online Safety and Media Regulation Act 2022, No. 41 of 2022
In force since .
A social media and minors rule binding private bodies.
- Covered services
- Video-sharing platforms and broadcasting services with an establishment in Ireland
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Audit expectation
- periodic
- Who audits it
- Independent third party, Regulator
- Where the report goes
- Filed with regulator
What it requires
- This Act binds the regulator rather than an app directly: it dissolved the Broadcasting Authority of Ireland, established Coimisiún na Meán (the Media Commission), and empowers it to designate video sharing platforms with an establishment in Ireland and to adopt legally binding online safety codes.
- If your video sharing platform has an establishment in Ireland and is designated, follow the online safety code that applies to it, including its rules protecting minors from harmful content.
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalties
Compliance notices, administrative financial sanctions up to the greater of 20,000,000 euros or 10 percent of annual turnover, and court orders
Who enforces it
Enforcement body
Coimisiún na Meán
Settledness
- As of
- Open questions
- How do subsections (4) to (6) of section 2B of the Broadcasting Act 2009, inserted by section 5 of this Act, decide which Member State has jurisdiction over a video-sharing platform provider whose group has undertakings in several Member States, and what counts as "a stable and effective link with the economy" of the State?
- Does the interaction between the Digital Services Act and the Audiovisual Media Services Directive limit the code-making powers this Act gave Coimisiún na Meán?
What it makes you log
Who may demand the log
Regulator
Logging duty
Section 139K(6) directs the Commission to make an online safety code requiring the provider of a designated service to report to it, at intervals of not more than 3 months, on the provider's handling of communications from users raising complaints or other matters. The Act does not use the words log or record, but such a report cannot be made without keeping the complaints and the way each was handled. Sections 139O and 139P let the Commission require compliance information and an independent audit of complaint handling.
- Kind
- Implicit
- As of
- Provision
- Broadcasting Act 2009, section 139K(6), inserted by the Online Safety and Media Regulation Act 2022
- Trigger
- all_systems
What this law does
Established Coimisiún na Meán (the Media Commission). Dissolved the Broadcasting Authority of Ireland and transferred its functions to Coimisiún na Meán. Gave the Commission power to make online safety codes to be applied to designated online services, to protect users from harmful online content. Requires the Commission to designate the video sharing platform services whose provider is under the jurisdiction of the State. A provider's failure to comply with an online safety code that applies to its service is a contravention.
When LexLint raises it
When your app profile says your app operates a social platform.
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