Internet companies will have to tackle ‘cyber-flashing’ under plans for new online safety watchdog

The new media watchdog will be empowered to require social media companies, messaging services and video conferencing websites to take measures to tackle “cyber-flashing”, under plans approved by Cabinet.

Criminal investigations of the suspected perpetrators of flashing incidents will remain the responsibility of the Garda.

Minister for Media Catherine Martin secured Cabinet approval on Tuesday for an amendment to the Online Safety and Media Regulation Bill to include online flashing among a list of criminal offences already included in the new law.

The planned Coimisiún na Meán (media commission) – which will have an online safety commissioner – will be charged with policing how websites, including social media platforms, deal with harmful content and will be able to order its removal.

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It will draw up online safety codes and will have the power to levy fines of up to €20 million or 10 per cent of turnover on social media firms that are not compliant with the codes.

The amendment is aimed at getting internet companies to take action in instances where unsolicited pictures or videos are sent online.

Flashing is already a criminal offence where is is defined in the existing legislation as a person exposing their genitals “intending to cause fear, distress or alarm to another person”.

A Department of Media spokesman said the amendment will enable the Online Safety Commissioner to make binding safety codes. These codes will apply to designated online service providers and will require them to to take measures to tackle online flashing.

He said the safety codes will apply to certain providers “on the basis of risk assessments and may include social media services, messaging services and videoconferencing services.”

The spokesman said it will remain the role of the Garda to investigate allegations of criminal behaviour.

People will still be advised to report instances of flashing to the Garda if they want to see the perpetrator prosecuted.

There are also plans to phase in a system where individuals can make complaints about harmful content online directly to the Media Commission. The spokesman said that the commission could refer such complaints to the internet company and/or the Garda.

Among the commission’s powers will be to investigate suspected non-compliance among internet companies with the online safety codes it draws up and to issue notices to end non-compliance.

It will be able to seek to block access to certain online services and issue content limitation notices to internet companies in relation to individual pieces of harmful online content. Ultimately it will be able to impose financial sanctions where there is non-compliance.

Subject to Oireachtas approval, the Government intends to have the legislation enacted this year.

The commission is expected to be formally established before the end of March 2023.