What Ireland New Safety Code for Video-Sharing Sites Means for YouTube, Meta and Tiktok

Ireland has taken a significant step forward in regulating video-sharing platforms, which has been seen by some as a landmark move towards safer online spaces.

The country's media watchdog, Coimisiún na Meán has introduced a groundbreaking Online Safety Code that will reshape how platforms like TikTok, YouTube, and Meta's services operate within Irish borders starting next month.

This new regulation represents a dramatic shift from the era of self-regulation, It introduces strict guidelines that platforms must follow to protect users from a wide range of harmful content.

The Code's scope is impressively comprehensive, targeting not just illegal content but also addressing various forms of harmful material that can impact users' wellbeing.

Understanding the Key Components

At its core, the Code requires platforms to explicitly prohibit several categories of harmful content in their terms and conditions.

This includes cyberbullying, content promoting self-harm or suicide, materials encouraging eating disorders, hate speech, terrorism-related content, child sexual abuse material (CSAM), and content promoting racism or xenophobia.

What makes this Code particularly interesting is its relationship with existing EU regulations. While the EU's Digital Services Act (DSA) primarily focuses on illegal content, Ireland's new Code extends further to address harmful content that might not necessarily be illegal.

Adam Hurley, spokesman for Coimisiún na Meán emphasizes this distinction, noting that the Code fills important gaps in current regulations.

Practical Implementation and User Protection

The Code's implementation follows a notice-and-takedown approach rather than requiring platforms to use upload filters. This means users can report harmful content, and platforms must act on these reports according to their terms and conditions.

This approach aligns with EU law, which prohibits imposing general monitoring obligations on platforms.

A particularly noteworthy aspect of the Code is its focus on protecting minors. Platforms hosting adult content or gratuitous violence must implement appropriate age verification systems. While the Code doesn't specify particular technologies, the regulator will assess the appropriateness of age assurance measures on a case-by-case basis.

Impact on Major Platforms

The Code's immediate jurisdiction covers video services provided to users in Ireland, affecting major platforms that have their regional headquarters in the country.

However, there's a possibility that these platforms might extend these measures across Europe to maintain consistency in their content standards and avoid regulatory complications.

Interestingly, while earlier drafts considered requiring platforms to disable profiling-based content recommendations by default, this measure didn't make it into the final version. Instead, the regulation of recommender systems will primarily fall under the EU's Digital Services Act.

The Bigger Picture

This Code is part of Ireland's broader Online Safety Framework, working in conjunction with the country's Online Safety and Media Regulation Act and the EU's Digital Services Act.

Online Safety Commissioner Niamh Hodnett's statement emphasizes that this marks the end of social media self-regulation. As new binding rules are here to reduce potential harm to users.

Looking Forward

The implementation of this Code reflects a growing global trend toward stricter online safety measures, particularly regarding child protection. Similar initiatives have emerged in the UK with its Online Safety Act and Age-Appropriate Design Code, while the US is considering its own child safety legislation (KOSA).

Jeremy Godfrey, executive chairperson of Coimisiún na Meán highlights that with this Code, all elements of Ireland's Online Safety Framework are now in place. The focus now shifts to implementation and creating positive change in people's online experiences.

Users are encouraged to report content that violates platform rules or laws, with support available through the regulator's Contact Centre.

This approach to online safety represents a significant step forward in the ongoing effort to create a safer digital environment, particularly for vulnerable users.

Many has shared hoped that these measures may serve as a model for other jurisdictions considering similar regulations.