Coimisiún na Meán has started the first formal investigation under Ireland’s Online Safety Code, into the provider of the X online platform.
Following reviews by the Coimisiún’s platform supervision team, concerns arose in relation to the potential ineffective implementation of age assurance mechanisms by X. Under the Online Safety Code, age assurance is required on the X platform to make sure that children do not see videos depicting pornography or extreme/gross and gratuitous violence or acts of cruelty on the platform.
Separately, as the X platform allows adult-only content and also allows children under the age of 16 to use its service, it is required by the Online Safety Code to provide parental control systems to ensure that parents and guardians have control over what type of content their children encounter. A concern exists that the parental controls put in place by X may not be effective, do not have minimum requirements, are hard to locate and are not brought to the attention of new users at sign-up stage, as required by the Code.
The investigation will examine:
- Whether there are effective age assurance measures in place by X, to make sure that adult-only video content cannot normally be seen by children. Age assurance based solely on self-declaration is not considered effective under Section 12(10) of the Online Safety Code.
- Whether the parental control systems put in place by X are under the control of the end-user with respect to video content that may impair the physical, mental or moral development of children under Section 14(1) of the Online Safety Code.
- Whether the parental control systems put in place by X have the minimum functions required under the Code under Section 14(2) of the Online Safety Code.
- Whether X appropriately draws the attention of users to the parental control systems they make available under Section 14(4) of the Online Safety Code.
- Whether X ensures that their parental control systems are provided as an option to new users on account sign-up under Section 14(5) of the Online Safety Code.
Within the past year, the Coimisiún has opened five other investigations into platforms that are established in Ireland under the EU Digital Services Act. It is also involved in four joint investigations which have been opened by the European Commission. This investigation will be conducted under Part 8B of the Broadcasting Act 2009, as amended. If a platform is found in violation of the Online Safety Code, Coimisiún na Meán can apply an administrative financial sanction, including a fine of up to 10% of relevant annual turnover, or €20 million, whichever is greater.
