Internet Censorship in Ireland

Ireland's government is preparing to require citizens to use a state-controlled digital wallet app to access social media platforms and adult websites, even as its own departments continue to suffer repeated data breaches.

The app, being developed by the governments chief information officer, will hold key personal identifiers such as a persons Public Services Card and drivers license, and could later include other credentials like a TV license.

Under the proposal, social media companies will be required to use this government system to verify the age of users before granting access to their platforms.

Surveillance Minister Patrick ODonovan described the plan as a necessary step to address what he called the severe public health issue of children viewing inappropriate material online. He said that hose who refuse to use the app would lose access to their social media accounts and to websites listed on a government age-restricted schedule.

However the Irish government's own of protecting personal information remains poor. Figures released by the Department of Defence show that 31 data breaches occurred in 2025, though only two were serious enough to be reported to the Data Protection Commission (DPC).

The Irish internet censor, Coimisiún na Meán, has published the list of 10 'video-sharing platform services', that will be subject to censorship under the new Online Safety Code.

Instagram, Reddit, Facebook, and X, formerly Twitter, are among the websites that will be subject to its new Online Safety Code. Alongside these sites, the designated platforms also include YouTube, Udemy, TikTok, LinkedIn, Pinterest, and Tumblr.

In an explanatory document explaining the code, the regulator said:

Content which is intended to incite violence or hatred is covered by the draft code (as it is illegal content which is harmful to the general public). Platforms will be obliged to prohibit the uploading or sharing of this content. Platforms will also have to provide effective media literacy measures and tools for users. These tools can help users to recognise misinformation and disinformation.

Last week, the Irish Examiner revealed people may soon be required to upload their passport details or a selfie to certain websites if they want to view pornography. The provisions, which Coimisiún na Meán said would apply to platforms with their European headquarters based in Ireland, are contained in this code which remains out to public consultation until the end of the month.

Ireland is closer to being the latest country to pass authoritarian legislation on so-called hate speech.

The Lower House (Dáil Éireann) passed the Criminal Justice Bill 2022 titled the Incitement to Violence or Hatred and Hate Offenses.

The bill makes it a crime to incite violence or hatred against a person, condoning, denial or gross trivialization of genocide, and preparing or possessing material likely to incite violence or hatred against persons on account of their protected characteristics. Protected characteristics include race, nationality, religion, gender, sexuality, ethnicity, and disability.

It adds that someone violates the law if they displays, publishes, distributes, disseminates, shows or plays the material, or makes the material available in any other way including the use of an information system like social media.

The bill has a controversial provision that makes it an offense to possess material that is likely to incite violence or hatred against a person or group. More concerning is that the burden of proof lies on the person accused (they have to prove that their intention was not to spread hate), rather than the age-old idea of the burden being on the prosecution to prove their case. The government's proposal is the opposite of this: guilty until proven innocent.

The bill is headed for the upper house (Seanad Éireann), which will be the seventh stage of 11 before it becomes law.

Update: Ireland's new thoughtcrime bill is shockingly draconian

2nd May 2023. See article from spiked-online.com by Fraser Myers

You could soon be sent to jail just for possessing offensive material.

Ireland's new internet censorship regime will be overseen by an Online Safety Commissioner (OSC), who will create binding online censorship rules to hold designated online service providers Providers to account for how they censor content. The OSC is also empowered under the Act to introduce an individual complaints mechanism.

Harmful content is set out in Part 11 of the new Act:

1. Offence Specific Categories sets out 42 different offences. A large proportion of these offences are offences against children, or provisions protecting the identification of child victims or child offenders. Notably the Act appears to be silent as regards identifying a child who is subject to an Order or proceedings under the Child Care Act 1991.
2. Other Categories of Harmful Online Content are set out as a two-tier category:

• (a) The Online Content must be content which bullies or humiliates another person; promotes or encourages behaviour that characterises a feeding or eating disorder; promotes or encourages self-harm or suicide; makes available knowledge of methods of self-harm or suicide.
• (b) Online Content must meet the risk test if it gives rise to: (a) any risk to a person's life; or (b) a risk of significant harm to a person's physical or mental health, where the harm is reasonably foreseeable.

This part of the Act deals with age-inappropriate content yet the Act does not provide for any age-verification measures. Earlier drafts of the Act sought to introduce robust measures to ensure a minimum age verification of account holders of 15 years old. This provision did not survive to enactment stage.

Irish President Higgins has signed the Online Safety and Media Regulation Bill into law.

The OSMR Act 2022 amends the Broadcasting Act 2009 to establish Coimisiún na Meán (a multi-person Media Commission), dissolve the Broadcasting Authority of Ireland, establish a regulatory framework for online safety, update the regulation of television broadcasting and video on-demand services, and transpose the revised Audiovisual Media Services Directive into Irish law.

The regulatory framework for online safety will be overseen by an Online Safety Commissioner, who will be empowered to make binding Online Safety Codes to hold designated online services to account for how they tackle the availability of some of the most serious forms of harmful online content. The Commissioner is also empowered under the Act to introduce an individual complaints mechanism on a phased basis, focusing initially on children and to order the removal or limitation of availability of specific items of harmful online content, either on foot of a complaint or on its own initiative.

Updates to the regulation of television broadcasting and video on-demand services will bring video on-demand services under statutory regulation for the first time. Providers of such services will, as broadcasters currently are, be subject to binding codes and rules, including in relation to advertising, accessibility and impartiality in news and current affairs.

Coimisiún na Meán will have a modern suite of robust compliance and enforcement powers, including the powers to appoint authorised officers to conduct investigations of suspected non-compliance, to require the provision of information and to seek administrative financial sanctions of up to 20 million euros or 10% of turnover. Ultimately, providers of regulated services under the Act who remain in breach of the rules may be subject to criminal prosecution.

The Irish Communications Minister Richard Bruton has scrapped plans to introduce restrictions on access to porn in a new online safety bill, saying they are not a priority.

The Government said in June it would consider following a UK plan to block pornographic material until an internet user proves they are over 18. However, the British block has run into administrative problems and been delayed until later this year.

Bruton said such a measure in Ireland is not a priority in the Online Safety Bill, a draft of which he said would be published before the end of the year.

It's not the top priority. We want to do what we committed to do, we want to have the codes of practice, he said at the Fine Gael parliamentary party think-in. We want to have the online commissioner - those are the priorities we are committed to.

An online safety commissioner will have the power to enforce the online safety code and may in some cases be able to force social media companies to remove or restrict access. The commissioner will have responsibility for ensuring that large digital media companies play their part in ensuring the code is complied with. It will also be regularly reviewed and updated.

Bruton's bill will allow for a more comprehensive complaint procedure for users and alert the commissioner to any alleged dereliction of duty. The Government has been looking at Australia's pursuit of improved internet safety.

The Broadcasting Authority of Ireland will police video content on Facebook under new proposals before the Irish Government.

The Sunday Independent reports the BAI aims to become an enlarged media commission to enforce European censorship rules.

The BAI currently regulates Irish commercial radio and television as well as RTE and TG4.

With the social media giants based in Ireland, it will now regulate content on Facebook, Twitter and YouTube in Ireland and throughout the EU.

The BAI proposals also want an Online Safety Commissioner to form part of its increased censorship role. They also speak pf age verification, parental controls and a complaints mechanism.

The Government is also keen to emulate the UK internet porn censorship regime. Irish MP Leo Varadkar said the Irish government will consult with the UK about its new porn block and how it is working, with a view to perhaps rolling out a similar age verification system for Ireland.

Varadkar said that he was wary of moralising . ..BUT... suggested engagement with UK government a year or two after the law has been rolled out would be wise. He said that this engagement could help ascertain if the proposals could work here.

During Leaders' Questions, he confirmed that an online age verification system can be discussed by the Oireachtas Communications Committee, and confirmed that legislation to set up the office of a Digital Safety Commissioner is on the way.

Justice Minister Charlie Flanagan has also said the Irish government will consider a similar system to the UK's porn block law as part of new legislation on online safety.

Ireland's Justice Minister Charlie Flanagan confirmed that the Irish government will consider a similar system to the UK's so-called porn block law as part of new legislation on online safety. Flanagan said:

I would be very keen that we would engage widely to ensure that Ireland could benefit from what is international best practice here and that is why we are looking at what is happening in other jurisdictions.

The Irish communications minister Richard Bruton said there are also issues around privacy laws and this has to be carefully dealt with. H said:

It would be my view that government through the strategy that we have published, we have a cross-government committee who is looking at policy development to ensure online safety, and I think that forum is the forum where I believe we will discuss what should be done in that area because I think there is a genuine public concern, it hasn't been the subject of the Law Reform Commission or other scrutiny of legislation in this area, but it was worthy of consideration, but it does have its difficulties, as the UK indeed has recognised also.