The Irish Government published its Autumn Legislative Programme on 26 September and the eagerly awaited Digital Services Bill (the DSB) is included as one of the 27 bills to be prioritised for publication this session. This is somewhat unsurprising given that the DSB was previously listed in the Government’s Summer Legislative Programme as a bill to prioritise. However, there is one interesting contrast between the descriptions of the DSB provided in the Government’s Summer and Autumn Programmes.

The Autumn Programme describes the purpose of the DSB as:

“To implement Regulation (EU) 2022/2065 on a Single Market for Digital Services

Continue Reading Government’s Legislative Programme indicates there may be a role for CCPC in regulating aspects of the DSA

On 19 July 2023, the Irish Government announced their intention to appoint John Evans as the Digital Services Commissioner in Coimisiún na Meán (CnaM). His appointment will take effect from 24 July 2023.

As per Head 6 of the General Scheme of the Digital Services Bill which was published by the Irish government earlier this year, it is intended that Mr Evans will be responsible for coordinating the supervision and enforcement of the Digital Services Act (DSA) in Ireland as the Digital Services Commissioner. He will also be responsible for liaising and cooperating with the European

Continue Reading Commissioner for Digital Services in Coimisiún na Meán to be Appointed

Introduction

Following its establishment earlier this year, Coimisiún na Meán (the CNM) released its first work programme on 20 June 2023. This work programme (the 2023 Programme) sets out the primary objectives of the CNM for 2023 up to February 2024.

The objectives in the 2023 Programme include the following:

  • Supporting the development of the wider media sector with funding schemes, together with initiatives to promote the Irish language, media literacy, as well as equality, diversity and
  • Continue Reading Coimisiún na Meán releases its Work Programme for 2023

    On 6 June 2023, the European Commission (the Commission) launched a consultation on the template for the compliance report that designated “gatekeepers” will be required to submit annually under the Digital Markets Act (DMA).

    Compliance Report for Gatekeepers

    A “core platform service” for the purposes of the DMA (for example, online search engines, web browsers and social networks) will qualify as a gatekeeper if it has:

  • at least 45 million monthly end
  • Continue Reading DMA: Consultation on the form of compliance report for gatekeepers now open

    Today, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Catherine Martin announced the appointment of four Commissioners to Coimisiún na Meán/the  Media Commission. The Media Commission, which  is currently in the process of being established in accordance with the Online Safety and Media Regulation Act (OSMR), will act as the supervisory authority under the OSMR and as Ireland’s Digital Services Coordinator under the Digital Services Act (DSA) and will have the responsibility to implement and enforce the Digital Services Act, an EU Regulation, in Ireland.

    The following individuals are being appointed as commissioners:

    • Jeremy
    Continue Reading Appointment of Executive Chairperson and Commissioners to Coimisiún na Meán

     Update on the Electoral Reform Act 2022

    The Electoral Reform Act 2022 (the Act), brings about significant changes to the electoral system in Ireland.

    From the perspective of online platforms, Part 4 and Part 5 will be of key importance as they impose new obligations on platform providers to (i) ensure transparency in respect of online political advertising on their services; and (ii) to notify/take action in respect of dis/misinformation relating to online electoral processes on their services.

    While the Act was signed into law on 25 July 2022, only certain sections of the Act have been commenced.  Part 4 and Part 5 of the Act have not yet been commenced.Continue Reading Update on the Electoral Reform Act 2022

    The Government has published the long anticipated Online Safety and Media Regulation Bill 2022 which it has hailed as a “watershed moment as we move from self-regulation to an era of accountability in online safety”.

    Online safety is one of the headline items, and it will be overseen by the newly-established Media Commission (Coimisiún na Meán). The Bill also seeks to implement a number of other key legislative reforms including the transposition of the revised Audiovisual Media Services Directive and the alignment of the regulation of video on-demand services with traditional broadcasting.

    The publication of this Bill follows input from and engagement with key stakeholders from the public, NGOs, companies and government organisations over the course of the last three years.

    We have summarised some of the key aspects of the Bill below.Continue Reading Online Safety & Media Regulation Bill 2022

    The Law Reform Commission has published an Issues Paper on Privilege for Reports of Court Proceedings under the Defamation Act 2009. The Paper examines and make recommendations on whether changes should be made to the Defamation Act 2009 relating to absolute privilege for reports of court proceedings. Section 17 of the Defamation Act 2009 currently provides that there is absolute privilege (i.e. complete immunity) from a defamation action where the claim is about a “fair and accurate report of proceedings” heard in any court in Ireland, Northern Ireland, or certain European and international courts.
    Continue Reading Reports of court proceedings in blogs and social media may no longer be immune from defamation claims

    The conference on Modernising Copyright, jointly organised by the Irish Centre for European Law and the School of Law, Trinity College Dublin, brought together a number of interesting academics, practitioners and commentators, for a lively discussion concerning various aspects of the future of copyright law in Europe. Among the issues addressed were the development of a Digital Single Market (DSM) in Europe, the nature of copyright exceptions and limitations, and the position of online service providers and intermediaries vís-a-vís copyright infringement. Continue Reading Modernising Copyright – ICEL/TCD Conference

    The Grand Chamber of the European Court of Human Rights has upheld its first instance decision in Delfi A.S. v Estonia (16 June 2015). It held that an online news portal operator (Delfi) was responsible for comments posted about an online article by one of its readers (see our legal update on the first instance decision here).Continue Reading ECHR upholds liability of online news service for its readers’ defamatory comments