Ireland's New Online Safety Code Targets Harmful Content on TikTok, YouTube, and More

Ireland Introduces Online Safety Code to Regulate Video-Sharing Platforms

In a significant move to regulate harmful content online, Ireland has announced the introduction of an Online Safety Code that will affect major video-sharing platforms. This new Code is set to come into force next month and will apply to platforms such as TikTok, YouTube, Instagram, and Facebook Reels. The goal is to enhance online safety, particularly for children and vulnerable users, by mandating stricter content regulations and fostering a safer digital environment.

What Happened: Scope, Regulations, and Enforcement

Ireland's Online Safety Code marks a major shift in the regulation of video-sharing platforms headquartered in the country. Platforms like TikTok, YouTube, Instagram, and Facebook Reels will be required to comply with new content standards as early as next month. The Code specifically targets harmful content that often eludes existing laws, such as cyberbullying, self-harm promotion, eating disorders, incitement of violence, and terrorism.

While the Code is specifically applicable to video services offered to Irish users, many tech firms are likely to apply these regulations across the EU for consistency in their operations. This move shifts Ireland's approach to online content from self-regulation to an officially regulated framework.

The Code not only complements the EU's Digital Services Act (DSA) by covering harmful, but not necessarily illegal, content, it also mandates that these platforms implement robust systems for users to report harmful content. Coimisiún na Meán, Ireland's Media Commission, will be responsible for enforcing the Code, a development that represents the end of social media self-regulation in Ireland. Notably, the Code requires platforms that allow adult content to implement "appropriate" age verification systems—though the specific technologies are left to individual platforms to decide, based on suitability.

To further support young users, video-sharing platforms are expected to introduce easy-to-use content rating systems and parental controls for content that could negatively affect the development of children under 16.

Key Takeaways

1. Scope: The Code applies to major video-sharing platforms headquartered in Ireland, with potential expansion across the EU for consistency.
2. Content Regulations: Harmful content, such as cyberbullying, promotion of self-harm, racism, and terrorism, must be banned in platforms' terms and conditions.
3. No Upload Filters: The EU law prohibits mandatory upload filters, meaning the enforcement mechanism will be based on a "notice and takedown" model.
4. Enforcement Body: Coimisiún na Meán will enforce the Code, focusing on Ireland's transition away from industry self-regulation.
5. Age Assurance: Platforms must provide age assurance mechanisms for content that may be inappropriate for minors.
6. Parental Controls: User-friendly content rating systems and parental controls will be required to protect users under 16.

Deep Analysis: A New Era for Online Safety Regulation

Ireland's Online Safety Code is an important step towards addressing the growing concerns about online safety, particularly for children. Unlike previous attempts at regulation that mostly focused on illegal content, this Code broadens the scope to include harmful but technically legal content. This nuanced approach fills a gap left by the EU's Digital Services Act (DSA), which mainly targets illegal activities.

The reliance on a "notice and takedown" mechanism instead of mandatory upload filters reflects a balance between stricter content moderation and respecting users' rights to free expression. The absence of an EU-mandated upload filter means platforms cannot be forced to pre-screen content—a move that aims to prevent mass surveillance but leaves questions about the efficiency of harmful content detection.

One of the more intriguing elements of the Code is the requirement for age assurance on platforms allowing adult or potentially harmful content. While no specific age verification technology has been mandated, the flexibility offers platforms the chance to innovate, but also places a significant burden on them to prove their methods are effective. The success of this measure will depend heavily on how well platforms can balance user privacy with safeguarding minors.

The introduction of content rating systems and parental controls also reinforces the broader commitment to make the internet a safer place for children. Given the increasing volume of user-generated content, ensuring that platforms remain transparent and accessible to parents is a vital part of this regulation. This aligns with a wider trend of safety-first regulatory initiatives across the globe, including the UK's Online Safety Act and the proposed Kids Online Safety Act (KOSA) in the United States.

Did You Know?

• No More Self-Regulation: The introduction of Ireland's Online Safety Code marks the official end of social media platforms' ability to self-regulate in the country. This is significant because, for years, these platforms had largely been able to set their own rules regarding harmful content.
• Not Just Ireland: Though the Code directly applies to Ireland, it's highly probable that major platforms like TikTok and YouTube will extend these measures to the rest of the EU. This could create a more harmonized regulatory landscape across Europe.
• Global Trend: Ireland's approach is part of a larger wave of global regulations aiming to protect young people online. The UK's Age-Appropriate Design Code and the proposed KOSA bill in the United States are part of this trend toward enhanced child safety online.

This new Code is a powerful reminder that the online world, especially the spaces frequented by children, is increasingly being scrutinized. Ireland’s step forward with the Online Safety Code is emblematic of a growing effort worldwide to prioritize safety in the ever-evolving digital landscape.