Social media: Irish regulator bans hate speech across the EU

Ireland wants to become a new player in internet regulation and ensure that video-sharing platforms protect their users from hate speech and other online harm. The Irish media regulator, Coimisiún na Meán (CNAM), published binding guidelines for social media networks on Monday. The online safety code does not only apply to criminal content, which is likely to raise tricky legal issues relating to freedom of expression. It prohibits the uploading or sharing of videos that deal with cyberbullying, the promotion of self-harm, suicide or eating disorders, child sexual abuse, incitement to hatred or violence, terrorism, racism and xenophobia.

"The Code introduces obligations for video-sharing platforms to protect people, especially children, from harmful videos and related content," explains the CNAM. Specifically listed characteristics are "gender, race, color, ethnic or social origin, genetic characteristics, language, religion or belief, political or other opinion, membership of a national minority, property, birth, disability, age and sexual orientation". Providers must also prevent people from coming into contact with pornography or "gratuitous violence" and introduce measures for controversial age verification "where necessary". For parents, they should have settings ready to hide content "that may impair the physical, mental or moral development of children under the age of 16".

The code applies to Facebook and Instagram from Meta, LinkedIn, Pinterest, TikTok, Tumblr, Udemy, X and YouTube. The operators of these platforms have their EU headquarters in Ireland, meaning that the CNAM is responsible for them and effectively sets EU-wide rules via this hook. Among other things, the media watchdogs cite the revised Audiovisual Media Services Directive (AVMSD) as the legal basis. It requires strict measures such as the use of age verification systems in the fight against violent pornography, for example. The CNAM also refers to the Digital Services Act (DSA), for which it is responsible as the coordinator for digital services, similar to the Federal Network Agency in Germany, as well as the Anti-Terrorism Ordinance with requirements for the prompt deletion of relevant content.

End of self-regulation of social media

The adoption of the set of standards "ends the era of self-regulation of social media", explained Irish Online Safety Commissioner Niamh Hodnett, who completed her Master's degree in Law in Passau. She emphasized: "We will work to ensure that people know their rights when they go online. We will hold platforms to account and take action if they fail to meet their obligations." Media Minister Catherine Martin (Greens) welcomed the decision. The code introduces "real accountability" for the platforms concerned. The regulations are underpinned by strong sanctioning powers and fines of up to 20 million euros or 10 percent of a platform's annual turnover, whichever is higher.

Operators must comply with the general requirements by November 19. A transitional period until July 21, 2025 applies to more far-reaching regulations that require the adaptation of internal IT systems. The comparatively harsh approach is surprising, as the EU home of many big tech companies has tended to treat them with kid gloves in terms of regulation. The Irish Data Protection Authority (DPC) in particular has long been seen as a bottleneck in the enforcement of the General Data Protection Regulation (GDPR). However, it was only in February that the European Court of Justice ordered Ireland to pay a fine of 2.5 million euros for the inadequate implementation of the AVMS Directive. The government in Dublin – also wants to avoid further sanctions at all costs with the help of the new requirements –. The EU Commission and MEPs have also made the protection of minors on social media one of their priorities.

(mma)