Companies need to ensure they are ready for the new Online Safety measures

The Government’s proposed Online Safety & Media Regulation Bill heralds a new era for online services. The EU had set a timeline of 19 September for the Audiovisual Media Services Directive (“AVMSD”) to be transposed, however, with Covid-19 Ireland, along with the majority of EU states, will miss this deadline, but it is coming. Ahead of its appearance on the statute books, PwC is advising companies that are likely to be impacted by this new law, these include social media services, public boards and forums, internet service providers, eCommerce platforms and private online storage services, to begin to prepare for these new measures as soon as possible.

When law, these new government measures are expected to make radical changes to the management of online content.  The new legislation will break new ground in regulating harmful online content posted on online services. The key goal is to make online content safer for all users.

The proposed Bill will see an Online Safety Commissioner established as part of a new Media Commission, replacing the Broadcasting Authority of Ireland, who will have responsibility for the new regulations. The new Media Commission will have the power to designate online services to be regulated under the new regime. Harmful content will be the key focus area, this includes material that is a criminal offence to disseminate, that is considered cyberbullying material or that promotes self-harm.

Damian Byrne, Assurance Partner, PwC, said: “The Bill will have major implications for online services, fundamentally altering how harmful content will be moderated. The scope is broad and companies that facilitate any sharing of content online by users may come into scope over time.  Its introduction will see these companies having to comply with new online safety codes enforced by the new Online Safety Commissioner.  The Bill will set a clear expectation for these companies to take reasonable steps to ensure the safety of their users.”

Most social media companies will already have well established content moderation or trust and safety teams with detailed standards and safety measures developed in-house.  However, to date, there has been little external accountability.  These organisations will now be subject to new reporting as well as external review by agents appointed by the Commissioner. For companies with their EU Headquarters in Ireland, the State will become the Regulator on a cross-EU basis for audiovisual content disseminated on these online services. PwC is therefore advising companies impacted by these new regulations to start preparing – put a Roadmap in place, undertake a readiness assessment and engage early with the Regulator.

Bertie Murphy, Head of Customer Experience, PwC Advisory, concluded:  “The Bill will allow the Online Safety Commissioner to set out how social media companies must moderate harmful content. Given the scale, visibility and accessibility to content we’d anticipate large social media companies to be regulated first.  We urge all social media companies to start preparing now including putting a Roadmap in place, undertaking a readiness assessment and to plan for early engagement with the Regulator.”

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