Media watchdog asked to explain 'unacceptable' decision not to investigate X over breaches of Online Safety Code
Coimisiún na Meán said there was no investigation into X under the Online Safety Code.
The State's independent media regulator has been asked to explain its "unacceptable" decision not to pursue an investigation into X over alleged breaches of the Online Safety Code.
It comes as the EU Commission continues to investigate X, formerly Twitter, over reports child sexual abuse material and non-consensual intimate images of adults were generated through the Grok artificial intelligence (AI) tool and disseminated on the platform.
The company had given written assurances to Irish regulators and the minister of state with responsibility for AI, Niamh Smyth, that such functionality had been switched off "globally" on January 20.
However, People Before Profit TD Paul Murphy revealed to the Oireachtas Committee on AI this week that the "nudify" functionality was still available in other jurisdictions, and to users in Ireland using a VPN to connect through another EU country.
In a letter, Ms Smyth thanked Mr Murphy for his contributions and the "deeply concerning" report.
She said the media regulator, Coimisiún na Meán was using "proper channels" to determine the validity of the company's claim it was blocking illegal content on Grok and X.
The opening of formal proceedings by the European Commission relieves Coimisiún na Meán of its powers to enforce the Digital Services Act over the suspected infringements, and the regulator is co-operating with the EU-level probe.
However, Coimisiún na Meán is responsible for the Online Safety Framework and could take an investigation under the Online Safety Code.
When it comes to compelling organisations to produce information for its inquiries, Coimisiún na Meán's executive chairman Jeremy Godfrey has acknowledged the regulator has "more powers" under the Online Safety Code compared with "not quite such good powers" under the Digital Services Act.
However, Coimisiún na Meán said there was no investigation into X under the Online Safety Code.
It justified its decision, saying: "Our view is that from a regulatory perspective, this issue is most effectively addressed as a systemic risk under the EU Digital Services Act, ie, effective mitigations to prevent the dissemination of illegal content on the platform (Article 35) as well as the obligation to conduct risk assessments prior to the launch of new features (Article 34)."
Independent senator Lynn Ruane described this reasoning as "unacceptable".
"They have powers here; they're choosing not to use them. Why have the regulations if we pass the buck to the EU rather than immediately use our own regulations as they stand in the Online Safety Code?
"Using our own regulations doesn't interfere with EU investigations.
Coalition figures have insisted existing legislation is sufficient to deal with the issue of AI-generated child sexual abuse material and non-consensual sexualised images of adults.
When asked about what action Government would be taking over the images prior to the Commission launching its investigation on Monday, ministers had stressed the independence of Coimisiún na Meán and said the matter was being considered by the European body.
Mr Murphy criticised this approach from the Government.
"It's very worrying that the Irish Government appears to be shirking its own responsibility to tackle big tech abuses and is instead hiding behind the European Commission," he said.
"It's very clear that the production of child sexual abuse imagery is a criminal offence under Irish law.
"The State must act to protect its citizens, not kick the can to Brussels."
In the Dáil this week, Paul Murphy said Ireland had a unique responsibility to hold big tech corporations to account because so many of them were hosted here.
However, he said the main approach of the Government appeared to be to shrink from taking action and "just put in on the long finger".
The Taoiseach told him Ireland had the same responsibility as every other EU member state and said it was "wrong to say we are hiding behind the European Commission".
Micheál Martin said the enforcement of standards on very large platforms with more than 45 million users a week falls under the remit of the commission.
He said Coimisiún na Meán was collaborating on this and "not hiding behind the commission".
Mr Martin also said gardaí were investigating issues relating to potential child sexual abuse material.
On January 14, Detective Chief Superintendent Barry Walsh at the Garda National Cyber Crime Bureau said there were 200 investigations into specific referrals about potential child sexual abuse material on X. The figure has potentially grown in the intervening two weeks.
Gardaí and Government figures have said existing legislation is sufficient to deal with the issue of AI-generated non-consensual sexualised images of real people and children.
Ms Smyth is to meet X in February and has said through a spokeswoman the commission investigation will result in "serious consequences" for the company should it be found to have continued to facilitate the sharing of non-consensual intimate imagery and child sexual abuse material.
Comment was sought from X and its parent company xAI — which also operates Grok.
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