Ireland's Online Safety Code enters into force

Under the new set of legally binding rules (32-page / 738KB PDF), video-sharing platform services (VSPSs), such as those provided by Facebook, Instagram, YouTube, and TikTok, are required to take appropriate measures to protect users from specific types of harmful online material, including cyberbullying and promotion of self-harm or suicide and eating disorders.

They are also required to use age assurance to prevent children from encountering pornography or gratuitous violence online and to have age verification measures in place as appropriate. Another measure imposed by the code ensures that parents are given parental controls for content which may impair the physical, mental, or moral development of children under 16.

In addition, the code requires VSPSs to make sure there are ways for users to report content that breaks the rules and to act on those reports in line with their terms and conditions.

The general obligations contained in the code apply from this month and platforms will have an implementation period of up to nine months for certain prescriptive provisions to come into compliance. The rules will be enforced by the Commission, which has strong sanctioning powers. Companies that breach the rules could face fines of up to €20 million or 10% of a platform’s annual turnover, whichever is greater.

Online Safety Commissioner Niamh Hodnett said that the adoption of the code “brings an end to the era of social media self-regulation”.

“The code sets binding rules for video-sharing platforms to follow in order to reduce the harm they can cause to users. We will work to make sure that people know their rights when they go online and we will hold the platforms to account and take action when platforms don’t live up to their obligations,” she said.

The code is part of a wider online safety framework in Ireland and is provided for under the Online Safety and Media Regulation Act 2022, which implements the EU’s 2018 Audiovisual Media Services Directive (AVMSD) and outlines requirements for online intermediaries. The framework also consists of the Digital Services Act, which took effect on 17 February 2024, and the Terrorist Content Online Regulation. The Commission is responsible for Ireland’s online safety framework.

In January 2024, the regulator published its statutory register of designated relevant online services to which the online safety codes can be applied. There were 10 companies on the list, which includes Reddit and Tumblr. Reddit and Tumblr commenced separate judicial review challenges in the Irish High Court earlier this year against the Commission’s decision to bring their services within the scope of the online safety code. Both challenges were rejected by the court. However, Reddit has been granted leave to appeal the High Court’s ruling.

The Commission has clarified that the code applies to nine of the designated platforms while the Court of Appeal decision regarding Reddit’s challenge is pending.

Legal expert Sarah Twohig of Pinsent Masons in Dublin said that the adoption of the code comes at a time when online safety is high on the political agenda. Ireland’s nominee for the European Commission, Michael McGrath, is set to be formally confirmed as the European Commissioner for Democracy, Justice and the Rule of Law on 21 November. McGrath’s political intentions were made clear during his confirmation hearing this week, when he stated that if assigned the portfolio he would prioritise the protection of minors from online harm. He went further committing to the introduction of a Digital Fairness Act, which he states would protect consumers, particularly children, against harmful online practices such as ‘dark patterns’ and misleading advertisements, especially by influencers.

“With the introduction of the code, it is clear that framework is now in place to achieve legal and policy goals regarding the prevention of online harm including enforcing against businesses captured by the new rules,” Twohig said.