Dáil Éireann Debate, Thursday - 22 January 2026
349. Deputy Brendan Smith asked the Minister for Enterprise, Tourism and Employment in view of the prevalence of the internet, digital communications and social media in society, the measures planned by his Department to foster a more secure digital environment; if legislative measures are required and if so when such legislation will be published; and if he will make a statement on the matter. [5390/26]
View answerOver the last few years, the Government has put in place a significant body of legislation providing the foundation for Ireland’s online safety framework, including the regulation of social media.
Coimisiún na Meán, as Ireland’s online safety and media regulator, is at the heart of the online safety framework. It was established under the Online Safety and Media Regulation (OSMR) Act, which transposed the EU Audio Visual Media Services Directive, and provides that An Coimisiún is independent in the exercise of its functions.
The OSMR Act, along with the EU Digital Services Act (DSA) under which An Coimisiún is Ireland’s Digital Services Coordinator, and the EU Terrorist Content Online Regulation for which An Coimisiún is a competent authority, are the main elements of Ireland's online safety framework.
The DSA is an EU regulation that introduces new obligations on providers of online intermediary services, including online social media platforms, to protect users and consumers of online services. The DSA is designed to provide better protection of fundamental rights; more control and choice over online experiences; stronger protection of children online; and expedited removal of illegal content. The regulation has applied in full since 17 February 2024.
Under the online safety framework, it is for the regulated platforms to demonstrate that they have the correct safety measures in place to prevent illegal or harmful content being shown. A failure to adequately address these requirements can lead to significant financial sanctions and, under the OSMR Act, continued non-compliance can lead to criminal sanctions for senior management.
The specific use of AI by deployers (which may include social media companies) is subject to the EU Artificial Intelligence (AI) Act, the provisions of which come into effect on phased basis. A key objective of the regulation is to protect against harmful effects of AI systems in the Union in terms of health, safety and fundamental rights, while promoting the update of human centric and trustworthy AI.
The [EU AI Act] (www.enterprise.gov.ie/en/what-we-do/innovation-research-development/artificial-intelligence/eu-ai-act/) complements the protections provided for in the Digital Services Act by introducing stronger governance for AI developed or deployed within the EU. These provisions in particular will introduce transparency requirements, so AI generated images must be clearly labelled as being made by AI.
My Department has lead responsibility for national implementation of the EU AI Act and is working closely with other departments and regulators to ensure comprehensive and robust implementation of the Act. Government designated its national competent authorities during 2025, and the enforcement powers for competent authorities under the AI Act come into effect on the 2nd of August 2026.
My Department, in collaboration with other relevant government departments, is currently developing primary legislation to provide for the national implementation and enforcement of the EU AI Act, and the establishment of a central coordinating Office.
In addition to these digital and AI regulations, other laws are in place, such as the Child Trafficking and Pornography Act 1998 and the Harassment, Harmful Communications and Related Offences Act 2020 (also known as Coco’s Law), to protect against the creation and dissemination of illegal content, through digital platforms or other means. I am confident that this existing legal and regulatory framework provides robust and comprehensive protections to foster a secure digital environment.
