Broadcasting Act 2009

139ZC

Scheme for notifications by nominated bodies.

139ZC. (1) The Commission shall make a scheme under which bodies are nominated by it for the purpose of notifying the Commission of matters relevant to its functions under this Part.

(2) Where a nominated body notifies the Commission in accordance with a scheme, the Commission shall inform the nominated body of any action taken by the Commission as a result of the notification.

(3) The matters that may be notified to the Commission under a scheme shall include, but need not be limited to, the following:

(a) concerns arising from the manner in which a designated online service purports to comply with the online safety codes that apply to it;

(b) concerns relating to the availability of harmful online content on a designated online service or a relevant online service;

(c) concerns relating to the availability of age-inappropriate online content on a designated online service or a relevant online service;

(d) measures taken by the provider of a designated online service, in purported compliance with an online safety code, which the nominated body considers excessive having regard to users’ freedom of expression or other rights, or for any other reason.

(4) A scheme shall in particular provide for the following:

(a) the procedure for applying for nomination, and the nomination process;

(b) the criteria for nomination;

(c) revocation of a nomination;

(d) matters of which nominated bodies may notify the Commission;

(e) the form and content of a notification;

(f) the process by which notification is to be given by a nominated body and acknowledged by the Commission;

(g) the process by which the Commission is to inform a nominated body of any action taken by the Commission as a result of a notification.

(5) As soon as practicable after making a scheme under this section, the Commission shall give a copy to the Minister.

(6) If the Minister makes a request in writing to the Commission to review a scheme under this section, the Commission shall carry out the review and give the Minister a report on the review in writing within a reasonable time.

(7) The Commission may at any time amend or replace a scheme under this section.

(8) Subsection (5) applies to the amendment or replacement of a scheme as it applies to the making of a scheme.

(9) A scheme and any amendment of a scheme under this section shall be laid by the Commission before each House of the Oireachtas as soon as may be after it is made.

(10) In this section, scheme means a scheme made under this section.

(11) In this section and sections 139O and 139P, nominated body means a body nominated by the Commission under a scheme.]

Annotations

Amendments:

F218

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 45, S.I. No. 71 of 2023.