Dáil Éireann Debate, Tuesday - 28 April 2026
196. Deputy Sinéad Gibney asked the Minister for Enterprise, Tourism and Employment if his Department is considering changes that will allow for online platforms to be treated as publishers to increase their accountability for the content they allow on their websites; and if he will make a statement on the matter. [16796/26]
Amharc ar fhreagraI thank the Deputy for their question regarding online safety, which is a key priority of mine, as it is for the whole of Government. It is my view that consideration should be given to introducing changes to allow online platforms to be treated as publishers. I agree that this is one possible way in which we can enhance accountability for the content platforms allow on their websites.
The regulation of online platforms and the accountability of digital services for the content hosted on their services is primarily addressed at European Union level, reflecting the scale and cross-border nature of such services. I understand there are currently no plans at EU level to introduce measures to reclassify online platforms as publishers.
In terms of existing structures that work to hold platforms to account. The Digital Services Act (DSA) is a key pillar of the EU digital rulebook and also of Ireland’s online safety framework.
The DSA places obligations on providers of online intermediary services, including online social media platforms, to protect users and consumers of the 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.
Last week the European Commission preliminarily found Meta's Instagram and Facebook in breach of the DSA for failing to diligently identify, assess and mitigate the risks of minors under 13 years old accessing their services. This development is an example of how the DSA's safeguards work to protect the most vulnerable in society from the misuse of digital tools.
The DSA introduces additional specific rules for Very Large Online Platforms (VLOPs) and Very Large Online Search Engines (VLOSEs) that reach more than 10% of the 450 million consumers in Europe, in view of the elevated risks they pose for the dissemination of illegal and harmful content. The European Commission has responsibility for supervising and enforcing the obligations that apply to Very Large Online Platforms and Very Large Online Search Engines.
The DSA maintains the existing liability exemptions established under the e-Commerce Directive for intermediary service providers. This means that these providers are not held liable for content transmitted or hosted on their platforms, provided that they are unaware the content is illegal or infringing, or they promptly remove or block access to that content once aware that it is illegal or infringing.
The DSA confirms that providers do not forfeit these liability protections by engaging in voluntary monitoring of content. However, if illegal or infringing material is identified through such monitoring, providers must act promptly to remove it in order to retain their exemption from liability. The regulation also makes clear that there is no general obligation for providers to proactively monitor content on their services.
The DSA places an obligation on intermediary service providers to put in place notice mechanisms that allow users to notify them of the presence on their service of specific items of information that the user considers to be illegal content. Providers are then required to assess, and act on where appropriate, these notices in a timely, diligent, objective, and non-arbitrary manner.
The Digital Services Act 2024 designated Coimisiún na Meán as Ireland’s Digital Services Coordinator for the DSA. An Coimisiún has powers to investigate providers in instances where they suspect they have not adhered to the aforementioned obligations.
Under the DSA, an Coimisiún has powers to impose fines of up to €20 million or up to a max of 6% of the provider’s turnover, whichever is greater, if they find that the provider has contravened any of these DSA obligations.
The DSA provides a balanced and proportionate framework for ensuring accountability of online platforms while safeguarding freedom of expression and innovation.
My Department will continue to work with Coimisiún na Meán and within the EU to monitor and help address issues that arise in this area. The recently published National Digital and AI Strategy 2030 contains measures which further reinforce Government’s commitment to enhancing online safety as a whole-system priority.
