Online Verification Rules: New Age Regulations for Platforms
Ireland’s Online Safety Code: Age Verification and Platform Accountability
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Ireland’s new Online Safety code is set to significantly impact video-sharing platforms operating within the EU, with a particular focus on robust age assurance measures. While the code refrains from mandating specific technologies,it unequivocally states that age verification relying solely on user self-declaration is insufficient. this directive aligns with the vision of Online Safety Commissioner Niamh Hodnett, who has emphasized the need for age verification methods that are “robust, privacy-respecting, and holding data for no longer than it is necessary.”
Robust Age Verification: Beyond Self-Declaration
The code’s stance against self-declaration-based age verification signals a move towards more stringent and reliable methods.Potential age checks that could be implemented include advanced techniques such as facial recognition, cognitive skills tests, or the more conventional approach of uploading official identification documents like passports or driving licenses.
Though, these more robust methods raise privacy concerns. privacy campaigners have voiced apprehension regarding the storage of sensitive personal data required for such verification processes. The challenge lies in balancing the imperative of user safety, particularly for minors, with the basic right to privacy and data protection.
Key Platforms Under the Online Safety Code
The Online Safety Code specifically targets video-sharing platforms that have their European Union headquarters established in Ireland. In December 2023, the Media Commission identified ten platforms falling under this remit:
Facebook
Instagram
YouTube
Udemy
TikTok
LinkedIn
X (formerly Twitter)
Pinterest
Tumblr
Reddit
Notably, Tumblr and Reddit mounted unsuccessful legal challenges in the High Court, contesting their designation as video-sharing platforms. Subsequently, in May, Coimisiún na Meán de-designated Reddit.This decision was based on the company’s updated service provision to EU users, which is now managed by a Dutch entity.
Snapchat’s exclusion and cross-Border Collaboration
Despite it’s notable popularity among young users, Snapchat is not included on the designated list of platforms. This exclusion is due to its EU headquarters not being located in Ireland. In response to questions about regulating platforms like Snapchat, coimisiún na Meán has indicated a commitment to close collaboration with its regulatory counterparts in othre EU member states. This cooperative approach aims to ensure accountability for platforms in safeguarding their users, irrespective of their primary EU base.
Recommender Systems: A Separate regulatory Frontier
The Online Safety Code does not directly address recommender systems.These are the sophisticated algorithms that curate user feeds based on personal data, including search history, past purchases, age, and location. Campaign groups and researchers have highlighted the potential for these algorithms to be “toxic,” often leading to the exposure of users, particularly children, to harmful content such as hate speech, extremism, and content promoting eating disorders and self-harm.
Coimisiún na Meán acknowledges the detrimental impact these systems can have. However, the commission believes that the most effective way to combat the potential dangers posed by recommender systems will be through the implementation of the EU’s overarching online safety regulations, the Digital Services Act (DSA).
the online Safety Code is designed to operate in conjunction with the DSA, forming a comprehensive internet safety framework for Ireland. While the Irish code does not explicitly cover disinformation, Coimisiún na Meán has stated that platforms will be required to prevent the uploading or sharing of disinformation when it crosses the threshold into illegal content as defined by the DSA or falls under the regulated content categories within the code.