Priority for complaints on child e-safety

Proposed complaints mechanism to be set up on a phased basis

A report has been published recommending a mechanism be established to allowing individuals to submit complaint directly to Coimisiún na Meán in relation to issues concerning child safety in online content.

The new proposed complaints mechanism, to be set up on a phased basis, will prioritise complaints where the online content in question relates to children.

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin TD, today published the Report of the Expert Group on an Individual Complaints Mechanism.

Minister Martin intends to seek Government approval to provide for the legislative basis for an individual complaints mechanism through the Online Safety and Media Regulation Bill 2022.

The Minister appointed the expert group earlier this year to examine the practicability of including an individual complaints mechanism. This was in response to the strong support among stakeholders for such a mechanism and the recommendation in this regard by the Joint Oireachtas Committee which conducted pre-legislative scrutiny of the General Scheme of the Bill.

The Expert Group carried out an intensive programme of work, including public consultation and focussed discussions with the Australian e-Safety Commissioner, the Canadian Ministry responsible for online safety and the Irish Data Protection Commission.

The Expert Group emphasised that it would not be practicable for Coimisiún na Meán to begin operating the individual complaints mechanism on a short-term basis, and would only be feasible if certain key conditions were met.

In particular, the Expert Group advised that an individual complaints mechanism would not have its full or intended effect unless and until effective systemic regulation of the complaints handling processes of regulated online services has become well-established.

The Group also emphasised the importance of adequate resourcing and in that context noted that the costs of the mechanism could be recovered by way of a levy on the providers of designated online services.

It is intended that any such levy would be put in place before any mechanism would commence.

This systemic regulation will be introduced by the Online Safety Commissioner through the application of binding online safety codes to regulated online services.

The Minister welcomed the Group’s recommendations.

“When I established the Expert Group to look at the feasibility of establishing an individual complaints mechanism, I committed to delivering on its recommendations. Today, I’m very pleased that to announce that the Group has assessed all the issues and has concluded that it is feasible to bring in such a mechanism,” she said.

Minister Martin added that group has “sensibly recommended” a phased approach. “This is important to ensure that any mechanism is sustainable. However, I think it’s important that we prioritise the wellbeing of our children and therefore I am very happy that the Group has recommended prioritising addressing harmful content like cyberbullying in any complaints mechanism.”

She concluded by thanking the Chair and members of the Expert Group for their commitment to quickly providing such a comprehensive report. “I am confident that using the phased approach we can build an effective individual complaints mechanism that will work well with a systemic regulatory framework for online safety to reduce the availability and impact of harmful online content. My next step is to seek Government approval to table amendments to the Online Safety and Media Regulation Bill to provide a legislative basis for recommendations of the Expert Group. I will do this as soon as possible.”