(LRC Revised)

Number 41 of 2022

ONLINE SAFETY AND MEDIA REGULATION ACT 2022

REVISED

Updated to 17 February 2024

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Online Safety and Media Regulation Act 2022

. It is prepared

by the Law Reform Commission in accordance with its function under the

Law Reform

Commission Act 1975

(3/1975) to keep the law under review and to undertake

revision and consolidation of statute law.

All Acts up to and including the

Coroners (Amendment) Act 2024

(4/2024),

enacted 16 February 2024, and all statutory instruments up to and including the

Digital Services Act 2024 (Commencement) Order 2024

(S.I. No. 53 of 2024),

made 16 February 2024, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

41

of

2022

ONLINE SAFETY AND MEDIA

REGULATION ACT 2022

REVISED

Updated to 17 February

2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation

and commencement

2. Definitions

PART 2

Amendment of Part 1 of Principal Act

3. Amendment of section 2 of

Principal Act

4. Meaning of “under the

jurisdiction of the State”: media service providers

5. Meaning of “under the

jurisdiction of the State”: providers of video-sharing platform

services

6. Meaning of “under the

jurisdiction of the State”: providers of other services that may be relevant

online services

7. Procedure for giving

notices

PART 3

Coimisiún na Meán

8. Coimisiún na

Meán

PART 4

Register of providers of audiovisual on-demand media services

9. Register of providers of

audiovisual on-demand media services

PART 5

Duties, codes, and rules applying to media service providers and sound broadcasters

10. Duties, codes, and rules

applying to media service providers and sound broadcasters

PART 6

Amendment of Part 4 of Principal Act

11. Amendment of section 47 of

Principal Act

12. Complaints to the Commission

about broadcasts or programme material

13. Amendment of section 49 of

Principal Act

PART 7

Amendment of Part 5 of Principal Act

14. Amendment of section 50 of

Principal Act

15. Amendment of section 51 of

Principal Act

16. Amendment of section 57 of

Principal Act

PART 8

Amendment of Part 6 of Principal Act

17. Amendment of section 58 of

Principal Act

18. Amendment of section 59 of

Principal Act

19. Amendment of section 60 of

Principal Act

20. Amendment of section 62 of

Principal Act

21. Amendment of section 63 of

Principal Act

22. Amendment of section 64 of

Principal Act

23. Amendment of section 65 of

Principal Act

24. Amendment of section 66 of

Principal Act

25. Amendment of section 67 of

Principal Act

26. Amendment of section 68 of

Principal Act

27. Amendment of section 69 of

Principal Act

28. Amendment of section 70 of

Principal Act

29. Amendment of section 71 of

Principal Act

30. Amendment of section 72 of

Principal Act

31. Amendment of section 78 of

Principal Act

PART 9

Amendment of Part 7 of Principal Act

32. Amendment of section 86 of

Principal Act

33. Amendment of section 106 of

Principal Act

34. Amendment of section 114 of

Principal Act

35. Amendment of section 118 of

Principal Act

36. Amendment of section 123 of

Principal Act

37. Amendment of section 124 of

Principal Act

38. Amendment of section 125 of

Principal Act

39. Amendment of section 127 of

Principal Act

40. Availability and prominence of

public service programmes and services

PART 10

Amendment of Part 8 of Principal Act

41. Amendment of section 129 of

Principal Act

42. Amendment of section 134 of

Principal Act

43. Amendment of section 136 of

Principal Act

44. Amendment of section 138 of

Principal Act

PART 11

Online safety

45. Online safety

46. Harmful online content

offence-specific categories

PART 12

Investigations and sanctions

47. Investigations and

sanctions

48. Oral hearings

PART 13

Amendment of Part 10 of Principal Act

49. Amendment of section 153 of

Principal Act

50. Amendment of section 154 of

Principal Act

51. Scheme for professional

journalistic practices in local sound broadcasting and community

broadcasting

52. Amendment of section 157 of

Principal Act

53. Amendment of section 159 of

Principal Act

PART 14

European works

54. European works

PART 15

Amendment of Part 11 of Principal Act

55. Amendment of section 160 of

Principal Act

56. Amendment of section 163 of

Principal Act

57. Amendment of section 165 of

Principal Act

58. Amendment of section 170 of

Principal Act

PART 16

Dissolution and transitional provisions

59. Dissolution of Authority and

statutory committees

60. Transfer of

functions

61. Transfer of staff

62. Transfer of land and other

property

63. Transfer of rights and

liabilities

64. Liability for loss incurring

before establishment day

65. Provisions consequent upon

transfer of functions, assets and liabilities to Commission

66. Final accounts and final

annual report of Authority

67. Transfer of records

68. Amendment of section 46M(5) of

Principal Act

69. Complaints under section 48 of

Principal Act

70. Investigation under section 50

of Principal Act

71. Termination or suspension of

contract under section 51 of Principal Act

72. Procedures under Chapter 2 of

Part 5 of Principal Act

73. Repeals

PART 17

Amendments to other enactments

74. Amendment of Referendum Act

1998

75. Repeal of certain provisions

of Copyright and Related Rights Act 2000

76. Amendment of Communications

Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act

2010

77. Amendment of Houses of the

Oireachtas (Inquiries, Privileges and Procedures) Act 2013

78. Amendment of Irish Sign

Language Act 2017

79. Amendment of Criminal Justice

(Corruption Offences) Act 2018

80. Amendment of Electoral Reform

Act 2022

Acts Referred to

Adoptive Leave Act 1995

(No. 2)

Adoptive Leave Acts 1995 and 2005

Animal Health and Welfare Act 2013

(No. 15)

Bail Act 1997

(No. 16)

Broadcasting Act 2009

(No. 18)

Carer’s Leave Act 2001

(No. 19)

Child Trafficking and Pornography Act 1998

(No. 22)

Children Act 2001

(No. 24)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

(No. 24)

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure)

Act 2010

(No. 2)

Companies Act 1963

(No. 33)

Companies Act 2014

(No. 38)

Competition Act 2002

(No. 14)

Comptroller and Auditor General (Amendment) Act 1993

(No. 8)

Copyright and Related Rights Act 2000

(No. 28)

Criminal Justice (Corruption Offences) Act 2018

(No. 9)

Criminal Justice (Drug Trafficking) Act 1996

(No. 29)

Criminal Justice (Female Genital Mutilation) Act 2012

(No. 11)

Criminal Justice (Terrorist Offences) Act 2005

(No. 2)

Criminal Justice Act 1993

(No. 6)

Criminal Justice Act 2006

(No. 26)

Criminal Justice Act 2007

(No. 29)

Criminal Law (Human Trafficking) Act 2008

(No. 8)

Criminal Law (Insanity) Act 2006

(No. 11)

Criminal Law (Rape) Act 1981

(No. 10)

Criminal Law (Sexual Offences) Act 2017

(No. 2)

Criminal Law (Suicide) Act 1993

(No. 11)

Criminal Procedure Act 2010

(No. 27)

Criminal Procedure Act 2021

(No. 7)

Data Sharing and Governance Act 2019

(No. 5)

Domestic Violence Act 2018

(No. 6)

Electoral Reform Act 2022

(No. 30)

European Parliament Elections Act 1997

(No. 2)

Family Leave and Miscellaneous Provisions Act 2021

(No. 4)

Harassment, Harmful Communications and Related Offences Act 2020

(No. 32)

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

(No. 33)

International Protection Act 2015

(No. 66)

Irish Sign Language Act 2017

(No. 40)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Non-Fatal Offences against the Person Act 1997

(No. 26)

Offences against the State Act 1939

(No. 13)

Organisation of Working Time Act 1997

(No. 20)

Parent’s Leave and Benefit Act 2019

(No. 35)

Parental Leave Acts 1998 to 2019

Paternity Leave and Benefit Act 2016

(No. 11)

Petty Sessions (Ireland) Act 1851

(14 & 15 Vict., c. 93)

Prohibition of Incitement to Hatred Act 1989

(No. 19)

Protection of Employees (Fixed-Term Work) Act 2003

(No. 29)

Protection of Employees (Part-Time Work) Act 2001

(No. 45)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

(No. 37)

Punishment of Incest Act 1908

(8 Edw. 7 c. 45)

Redundancy Payments Acts 1967 to 2014

Referendum Act 1998

(No. 1)

Terms of Employment (Information) Acts 1994 to 2014

Unfair Dismissals Acts 1977 to 2015

Number

41

of

2022

ONLINE SAFETY AND MEDIA

REGULATION ACT 2022

REVISED

Updated to 17 February

2024

An Act to amend the

Broadcasting Act 2009

to provide for the establishment of a body to be known as Coimisiún na Meán; to provide for the implementation of Directive 2010/13/EU of the European Parliament

and of the Council of 10 March 2010

1

as amended by Directive (EU) 2018/1808 of the European Parliament and of the Council

of 14 November 2018

2

; for the purpose of fulfilling the State’s responsibilities under those Directives, or otherwise in the interests of the common

good, to impose obligations on providers of broadcasting services and audiovisual

on-demand media services, and to provide for the regulation of content available on

relevant online services and harmful online content available on designated online

services; to enable authorised officers of Coimisiún na Meán to carry out investigations for the purposes of ensuring compliance with obligations

imposed on persons by or under this Act; to provide for sanctions to be imposed on

persons for failure to comply with obligations imposed by or under this Act, including

to enable Coimisiún na Meán to impose administrative financial sanctions on providers of broadcasting services,

audiovisual on‑demand media services and designated online services for failure to

comply with such obligations; to enable Coimisiún na Meán, for the purpose of meeting its expenses and its working capital requirements, to

impose a levy on providers of broadcasting services, audiovisual on-demand media services

and designated online services; to establish a register of providers of audiovisual

on-demand media services; to enable Coimisiún na Meán to impose a levy on providers of audiovisual media services for the purposes of

funding a scheme to support the production of European works; to enable Coimisiún na Meán to prepare a scheme for the provision of funds to local sound broadcasters and community

broadcasters for the support of good professional journalistic practices; to provide

for the dissolution of the Broadcasting Authority of Ireland and the transfer of its

functions to Coimisiún na Meán; to otherwise amend and extend the Broadcasting Act 2009; to provide for the consequential

amendment of certain other enactments; and to provide for related matters.

[10

th December

, 2022]

Be it enacted by the Oireachtas as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation

and commencement

2. Definitions

PART 2

Amendment of Part 1 of Principal Act

3. Amendment of section 2 of

Principal Act

4. Meaning of “under the

jurisdiction of the State”: media service providers

5. Meaning of “under the

jurisdiction of the State”: providers of video-sharing platform

services

6. Meaning of “under the

jurisdiction of the State”: providers of other services that may be relevant

online services

7. Procedure for giving

notices

PART 3

Coimisiún na Meán

8. Coimisiún na

Meán

PART 4

Register of providers of audiovisual on-demand media services

9. Register of providers of

audiovisual on-demand media services

PART 5

Duties, codes, and rules applying to media service providers and sound broadcasters

10. Duties, codes, and rules

applying to media service providers and sound broadcasters

PART 6

Amendment of Part 4 of Principal Act

11. Amendment of section 47 of

Principal Act

12. Complaints to the Commission

about broadcasts or programme material

13. Amendment of section 49 of

Principal Act

PART 7

Amendment of Part 5 of Principal Act

14. Amendment of section 50 of

Principal Act

15. Amendment of section 51 of

Principal Act

16. Amendment of section 57 of

Principal Act

PART 8

Amendment of Part 6 of Principal Act

17. Amendment of section 58 of

Principal Act

18. Amendment of section 59 of

Principal Act

19. Amendment of section 60 of

Principal Act

20. Amendment of section 62 of

Principal Act

21. Amendment of section 63 of

Principal Act

22. Amendment of section 64 of

Principal Act

23. Amendment of section 65 of

Principal Act

24. Amendment of section 66 of

Principal Act

25. Amendment of section 67 of

Principal Act

26. Amendment of section 68 of

Principal Act

27. Amendment of section 69 of

Principal Act

28. Amendment of section 70 of

Principal Act

29. Amendment of section 71 of

Principal Act

30. Amendment of section 72 of

Principal Act

31. Amendment of section 78 of

Principal Act

PART 9

Amendment of Part 7 of Principal Act

32. Amendment of section 86 of

Principal Act

33. Amendment of section 106 of

Principal Act

34. Amendment of section 114 of

Principal Act

35. Amendment of section 118 of

Principal Act

36. Amendment of section 123 of

Principal Act

37. Amendment of section 124 of

Principal Act

38. Amendment of section 125 of

Principal Act

39. Amendment of section 127 of

Principal Act

40. Availability and prominence of

public service programmes and services

PART 10

Amendment of Part 8 of Principal Act

41. Amendment of section 129 of

Principal Act

42. Amendment of section 134 of

Principal Act

43. Amendment of section 136 of

Principal Act

44. Amendment of section 138 of

Principal Act

PART 11

Online safety

45. Online safety

46. Harmful online content

offence-specific categories

PART 12

Investigations and sanctions

47. Investigations and

sanctions

48. Oral hearings

PART 13

Amendment of Part 10 of Principal Act

49. Amendment of section 153 of

Principal Act

50. Amendment of section 154 of

Principal Act

51. Scheme for professional

journalistic practices in local sound broadcasting and community

broadcasting

52. Amendment of section 157 of

Principal Act

53. Amendment of section 159 of

Principal Act

PART 14

European works

54. European works

PART 15

Amendment of Part 11 of Principal Act

55. Amendment of section 160 of

Principal Act

56. Amendment of section 163 of

Principal Act

57. Amendment of section 165 of

Principal Act

58. Amendment of section 170 of

Principal Act

PART 16

Dissolution and transitional provisions

59. Dissolution of Authority and

statutory committees

60. Transfer of

functions

61. Transfer of staff

62. Transfer of land and other

property

63. Transfer of rights and

liabilities

64. Liability for loss incurring

before establishment day

65. Provisions consequent upon

transfer of functions, assets and liabilities to Commission

66. Final accounts and final

annual report of Authority

67. Transfer of records

68. Amendment of section 46M(5) of

Principal Act

69. Complaints under section 48 of

Principal Act

70. Investigation under section 50

of Principal Act

71. Termination or suspension of

contract under section 51 of Principal Act

72. Procedures under Chapter 2 of

Part 5 of Principal Act

73. Repeals

PART 17

Amendments to other enactments

74. Amendment of Referendum Act

1998

75. Repeal of certain provisions

of Copyright and Related Rights Act 2000

76. Amendment of Communications

Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act

2010

77. Amendment of Houses of the

Oireachtas (Inquiries, Privileges and Procedures) Act 2013

78. Amendment of Irish Sign

Language Act 2017

79. Amendment of Criminal Justice

(Corruption Offences) Act 2018

80. Amendment of Electoral Reform

Act 2022

Number

41

of

2022