CONTENT
Online Safety and Media Regulation Act 2022
CONTENT
Online Safety and Media Regulation Act 2022
Origin
Directive (EU) 2018/1808 on the provision of audiovisual media services (AVMS2)
General overview
The Online Safety and Media Regulation Act 2022 (OSMR) created a new regulatory framework for online safety in Ireland. The legislation also sought to implement a number of other key legislative reforms including the transposition of the revised Audiovisual Media Services Directive (AVMSD) and the alignment of the regulation of video on-demand services with traditional broadcasting.
The legislation provided for the establishment of a new regulator, Coimisiún na Meán, which will oversee the OSMR. Coimisiún na Meán was provided with broad investigative and enforcement powers under the Act and is responsible for formulating binding “Online Safety Codes”, the objective of which will be to ensure measures are put in place to protect users from harmful online content.
Additionally Coimisiún na Meán will be empowered to introduce an individual complaints mechanism to allow users of designated services to complain directly to the regulator in respect of harmful online content.
On 11 September 2023 Coimisiún na Meán designated as a category of relevant online services to which online safety codes may be applied, the video-sharing platform services the provider of which is under the jurisdiction of the State (Category Designation). On 22 December 2023, Coimisiún na Meán designated a list of 10 named service providers, as video-sharing platform services to which online safety codes may be applied (Named Designation). (Note: If a service provider falls within a designated category of service, but is not listed in the Named Designation, it will still be obligated to comply with any online safety code made in respect of that category of designated online service.
On 8 December 2023, Coimisiún na Meán opened a public consultation on its draft Online Safety Code for video-sharing platform services.
Status
Signed into law by the President on 10 December 2022
Act partly commenced on 15 March 2023 (SIs 71 & 72 of 2023)
ACT PARTLY COMMENCED