Irish Examiner view: Public input too much for new body

Catherine Martin, minister responsible for the Online Safety and Media Regulation Bill.

Recommendations for a new State watchdog to regulate harmful content online will further draw tech companies into a reality they have frequently sought to deny — that they are a publisher and must take some responsibility for the content that appears on their platforms.

They have long resisted this proposition. Originally, they encouraged lawyers to present a so-called “hosting” defence, arguing that although they provided the infrastructure, they could not be expected to moderate commentary and opinions.

Rather like An Post, or Bord Gáis, as it was in those long ago days, they were simply a channel of delivery.

This argument sufficed for a very limited time, in an era when the internet was seen to be a more noble, democratising, “information-wants-to-be-free” medium. Then people woke up to the fact that what was coming down the line could be hateful, dangerous, misleading, exploitative, and illegal.

Social media companies stepped up levels of mediation and intervention but the cat was already out of the bag.

Many traditional publications, and their online services, support an independent procedure which allows citizens to complain about coverage, or appeal against decisions made by journalists and editors. Decisions are measured against a code of conduct to which publishers and newspapers subscribe. There is no cost levied against complainants.

Last year, there were 527 complaints received by the Press Ombudsman, an increase of upwards of 50% from 2020, coverage of Covid-19 being the principal reason for the increase.

Harmful content

But the game has changed with the huge impact of Facebook, What’s App, Tik Tok, Twitter, and other myriad services which generate millions of items of content daily.

Now it is being recommended a new statutory organisation established to deal with harmful online content should be able to act on complaints from members of the public, rather than solely from nominated bodies as initially envisioned.

Catherine Martin, minister responsible for the Online Safety and Media Regulation Bill, has indicated she is willing to consider amendments. Experts reporting to Ms Martin say public complaints should be handled by the regulator, if the office is “properly resourced”.

We know big tech employs hundreds, if not thousands, of paralegals weeding out maverick postings and responding to complaints, while simultaneously trying to protect the vital engagement metrics driving the business.

 Will a section of a new government department, already shaping to become a behemoth, have numbers required to command confidence?

Minister Martin’s significant legislative proposal seeks to establish a wide range of constraints on “old” and “new” media overseen by a single body, the Coimisiún na Meán, an Irish Media Commission, a powerful new body to supersede the current functions of the Broadcasting Authority of Ireland (BAI) and oversee both television and radio broadcasters.

It will have the power to fine transgressors up to €20m or 10% of turnover, policing areas such as as freedom of speech or unacceptable forms of advertising (eg junk food, alcohol, high fat/salt/sugar foods, and gambling.)

The workload already appears mighty and, given the nature of much online dialogue is tendentious, the wisdom of saddling the new Commission with the burden of handling public complaints is a bridge too far for the new organisation.