Video-sharing platform services ("VSPS") covered by Directive 2010/13/EU as amended by Directive (EU)2018/1808 (the "AVMS Directive").

Draft Online Safety Code

Coimisiún na Meán proposes to adopt the Online Safety Code to give effect to Article 28b of the AVMSDirective. The draft Code comprises two parts.

Part A contains introductory provisions which confirm, among other things, that the Code applies only to VSPSproviders under the jurisdiction of the State, and does not impose any ex ante control measures which do notcomply with Article 8 of the Digital Services Act. Part A contains general obligations for VSPS providerspursuant to Section 139K of the Irish Broadcasting Act 2009 and Article 28b of the AVMS Directive. Thisincludes the measures that VSPS providers shall take, as appropriate, to protect the general public andchildren.
Part B will impose more specific obligations on VSPS providers and sets out the appropriate measures theymust take to provide the protections for children and the general public required by Article 28b(1)(a), (b) and(c) of the Directive, and to comply with the requirements of Article 9(1). These are:
Content: VSPS providers will be required to include, in mandatory terms and conditions, restrictions topreclude users from uploading or sharing restricted video content and restricted indissociable user-generatedcontent (as defined). VSPS providers will also be required in terms and conditions either to restrict theuploading or sharing of adult-only video content (as defined) or to rate the content as not suitable for children.Platforms whose principal purpose (or that of a dissociable section) consists of adult-only video content mustpreclude use by children of the platform or section.
Audiovisual commercial communications: VSPS providers will be required to ensure that such communicationsare readily recognisable; to prohibit harmful audiovisual commercial communications and those that aresurreptitious; and to put in place functionality for users to declare whether content they upload contains suchcommunications.
Mechanisms and procedures: VSPS providers will be required to establish and operate reporting and flaggingmechanisms and procedures for the handling and resolution of complaints. Where terms and conditions do notpreclude adult-only video content, age assurance measures and content rating systems will be required.Services permitting users under 16 will be required to provide parental controls. The Code will require VSPSproviders to apply their terms and conditions in order to suspend the accounts of frequent infringers.
Other obligations: The Code will require VSPS providers to publish an annual action plan for media literacy; toensure that children's personal data they collect is not processed for commercial purposes; and to report toCoimisiún na Meán at specified intervals on complaints handling.