Dáil Éireann Debate, Thursday - 15 January 2026
322. Deputy Ruth Coppinger asked the Minister for Enterprise, Tourism and Employment his plans to legislate against AI’s use in the creation of objectionable material, given issues that have arisen in certain applications (details supplied);; and if he will make a statement on the matter. [3131/26]
Amharc ar fhreagraConcerns regarding the ethical implications of artificial intelligence (AI) are both valid and widely acknowledged. While AI presents significant opportunities for societal advancement, it also introduces complex challenges related to safety, privacy, and the protection of fundamental rights. The offering and use of AI tools on online platforms to create and share illegal images is unacceptable and a significant body of existing legislation is place to provide protections in that regard.
The generation of child sexual abuse material is illegal under the Child Trafficking and Pornography Act 1998. The sharing of, or threatening to share intimate images without a person’s consent, and distributing, publishing or sending a threatening or grossly offensive communication to another person is illegal under the Harassment, Harmful Communications and Related Offences Act 2020 (also known as Coco’s Law).
Coimisiún na Meán, as Ireland’s online safety and media regulator, is at the heart of Ireland’s online safety framework, including the regulation of social media.
Under the Online Safety Framework, there is an obligation on platforms to act on reports of illegal content. So, the public can report illegal content to the online platform, who must react on that report, and to Coimisiún na Meán.
A failure by the platform to protect against illegal or harmful content being shown can lead to significant financial sanctions and, under the Online Safety and Media Regulation Act, continued non-compliance can lead to criminal sanctions for senior management.
The EU Digital Services Act (DSA) is an EU regulation that introduces 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.
The Digital Services Act 2024 designated Coimisiún na Meán as its Digital Services Coordinator for the DSA. Coimisiún na Meán is independent in the performance of its functions.
Under the Digital Services Act, the European Commission has powers with respect to the proliferation of illegal content online, on Very Large Online Platforms and Very Large Online Search Engines, and the protection of fundamental rights, including the protection of minors. The European Commission leads on the supervision and enforcement of obligations regarding systemic risks.
Under the Digital Services Act, online platforms are obliged to remove illegal content once it is flagged to them by users. If they fail to remove illegal content once made aware, they risk becoming liable for it.
Online Platforms have an obligation to assess risks posed by their platforms and by any updates to platform features in advance of making those features being made available to users. This includes risks associated with the dissemination of illegal content, infringements on fundamental rights, negative effects on public discourse and electoral processes, gender-based violence, public health, and the protection of minors. They must then put in place effective mitigation measures to address these systemic risks.
The Government and the European Commission has stated that the generation and dissemination of illegal content on online platforms is unacceptable. In respect of recent events the Commission has taken investigative steps , ordered the online platform provider to retain all internal documents and data relating to the use of their platform until the end of 2026 to assist in their assessment of the situation and has stated it will not hesitate to put the Digital Services Act to its full use to protect EU citizens. Coimisiún na Meán as the independent regulator of Digital Services in Ireland is engaging with the European Commission in this context.
The Government urges and welcomes the European Commission’s use of its supervisory authority under the DSA, and calls for a prompt review of whether the integration and functioning of Grok on the X platform fully meet the requirements set out in the DSA—especially regarding child safety, the prevention of non-consensual sexual material, the evaluation of systemic risks, and the enforcement of appropriate mitigation measures.
The [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 will introduce transparency requirements, so AI generated images must be clearly labelled as being made by AI.
The sharing of intimate images without consent is illegal, and the generation of child sexual abuse material is illegal and online platforms have legal obligations to protect against the proliferation of illegal content.
If a member of the public is concerned about images shared online, they should report it to the platform provider and, if they believe it may be illegal, to An Garda Síochána. Reports can also be made to the Irish national reporting centre, Hotline.ie.
If a person has difficulty submitting a report to a platform, or have concerns that the correct procedures for handling a report have not been followed by a platform, then they should contact Coimisiún na Meán.
For anyone who is distressed about images they have seen, there are a number of organisations who can help. These are listed on the website of Coimisiún na Meán at - Crisis support - Coimisiún na Meán and also on the Hotline website at - Irish support services – Hotline.
