On 21 October 2024, Coimisiún na Meán published the Online Safety Code following the conclusion of an assessment by the European Commission.
The Code sets binding rules for video-sharing platforms who have their EU headquarters in Ireland. The general obligations contained in the code will apply from next month and platforms will have an implementation period of up to nine months for compliance of certain detailed provisions.
The Code introduces obligations on video-sharing platforms to protect people, especially children, from harmful video and associated content, including:
- Prohibiting the uploading or sharing of harmful content on their services including cyberbullying, promoting self-harm or suicide and promoting eating or feeding disorders as well as incitement to hatred or violence, terrorism, child sex abuse material, racism, and xenophobia.
- Using age assurance to prevent children from encountering pornography or gratuitous violence online and having age verification measures in place as appropriate.
- Providing parental controls for content which may impair the physical, mental, or moral development of children under 16.
These platforms will also have to ensure that they have ways for people to report content that breaks the rules, and act on those reports in line with their Terms and Conditions. Coimisiún na Meán will take a supervisory approach to enforcing the Code, ensuring that platforms implement appropriate systems to comply with the provisions of the Code.
The code will be legally binding, and companies will face fines for breaches of up to €20 million or 10% of a platform’s annual turnover, whichever is greater.