Draft online safety bill 'vague' and 'lacks legal certainty', says human rights body

The Irish Human Rights and Equality Commission said legal certainty on the definition of harmful content is important to ensure the legislation is 'proportionate and compatible' with rights including freedom of expression.

The definition of harmful content in a proposed law on online safety is “vague and open-ended, and lacks legal certainty”, the State’s national human rights institution has said.

The Irish Human Rights and Equality Commission (IHREC) has expressed concern about several aspects of the draft Online Safety and Media Regulation Bill, which seeks to introduce a new system of regulation for defined categories of harmful online content.

The IHREC said legal certainty on the definition of harmful content is important to ensure the legislation is "proportionate and compatible" with rights including freedom of expression; to ensure the definitions will be effective in practice; and to ensure those definitions are not open to misuse or abuse to target content or users unfairly.

Proposed Online Safety Law Silent on Role and Functions of New Online Safety Commissioner https://t.co/xhYRIILmKA

— Irish Human Rights & Equality Commission (@_IHREC) March 15, 2021

The commission recommended the definition should include disinformation and harmful conduct, including grooming and radicalisation, while the terms that relate to hate speech, including racism, sexism and ableism, should be defined in new laws.

The IHREC also said it was concerned that the role and function of the new online safety commissioner lacks detail in the proposed law.

The comments are made in its submission to the Joint Committee on Media, Tourism, Arts, Culture, Sport and the Gaeltacht, which is currently considering the general scheme of the bill.

Sinéad Gibney, chief commissioner of the IHREC, said the draft law was seeking to tackle “some of the most important challenges facing our society”.

“This proposed legislation must find a delicate balance between competing rights including the freedom of expression, freedom of assembly, privacy and the protection of personal data; equality and the prohibition of discrimination including hate speech, and the rights of persons with disabilities and the rights of the child," she said.

Under the proposed legislation, a new regulator would be created to replace the Broadcasting Authority of Ireland; the law for how broadcasting services and streaming services are regulated would be updated; and a regulated framework for online safety to tackle the spread of harmful online content would be created.

The new online safety regulator would also have the power to fine internet-based platforms for failing to meet the new safety standards.

The Irish Council for Civil Liberties has also expressed concern about the proposed law, warning that significant parts of the proposed legislation “may not meet human rights standards”.