Social Media Directors Could Face Liability for Online Safety Breaches in Ireland
Dublin, – Irish lawmakers are considering legislation that could hold senior executives of social media companies criminally liable for online safety breaches, mirroring recent moves in Spain and intensifying pressure on platforms to regulate harmful content. The possibility of pursuing individual directors, rather than solely fining the companies themselves, was discussed at a hearing of the Oireachtas Media Committee this week.
Seamus Hempenstall, Principal Officer at the Department of Communications, told the committee that while the current focus is on supporting the implementation of existing online safety legislation through Coimisiún na Meán (the Media Commission), the option of pursuing individual liability “isn’t off the table.” This signals a potential shift towards a more aggressive regulatory approach, one that directly targets the decision-making power within these large technology firms.
The discussion was prompted by questions from Fianna Fáil TD Malcolm Byrne regarding recently enacted laws in Spain, which aim to hold tech company directors accountable for the dissemination of harmful content. The Irish government is closely monitoring the Spanish model, according to Online Safety Commissioner Niamh Hodnett, who told the committee her office is “following with interest” the developments.
The impetus for this potential change stems from concerns that substantial fines, while significant in absolute terms, are often treated as a cost of doing business by highly profitable social media giants. Senator Malcolm Byrne, who previously advocated for these amendments, has argued that fines are not a sufficient deterrent. The proposed criminal liability would align the responsibility for online safety with existing health and safety legislation, where company directors can be prosecuted for failures that lead to harm.
The debate comes as regulators grapple with the challenges posed by rapidly evolving online threats, including the proliferation of AI-generated content. Ms. Hodnett highlighted the “horrendous” capabilities of AI tools like Grok to generate sexualized images, including those depicting children. Her office is collaborating with the European Commission on an investigation into X (formerly Twitter), Grok’s parent company, under the EU’s Digital Services Act (DSA).
However, Sinn Féin TD Joanna Byrne questioned the pace of action, suggesting that reliance on EU-level regulation allows the Irish Department of Communications and Coimisiún na Meán to defer responsibility. She also pressed Ms. Hodnett on why X has not yet been fined under existing Irish law.
Coimisiún na Meán has already received 530 complaints in 2026, with 31 specifically relating to Grok. The commission is preparing for expanded responsibilities under the forthcoming AI Act, which will address prohibited AI practices and the risks posed to children through AI-powered recommender systems and chatbots. Ms. Hodnett specifically cited concerns about the exposure of children to inappropriate content and the creation of child sexual abuse material (CSAM) using generative AI.
Alongside the potential for increased enforcement, the Department of Communications is also exploring technological solutions to enhance online safety. Mr. Hempenstall outlined plans for a pilot program integrating an age-verification tool into Ireland’s forthcoming digital wallet. While participation in the pilot will be voluntary, the aim is to provide platforms with a means of fulfilling their regulatory obligations regarding age-appropriate content.
Alan Kelly, Cathaoirleach (Chair) of the Oireachtas Media Committee, emphasized the committee’s concern regarding the dissemination of illegal and harmful AI-generated content, particularly its impact on young people. He stressed the need for robust regulation, effective enforcement mechanisms, and close collaboration with European partners to ensure Ireland’s regulatory system remains current with technological advancements.
The potential for criminal liability for social media directors represents a significant escalation in the regulatory landscape. While the practical challenges of implementing such a measure are considerable, the discussion reflects a growing frustration with the perceived inadequacy of existing approaches to online safety and a determination to hold those in positions of power accountable for the harms facilitated by their platforms. The outcome of this legislative debate will likely have far-reaching implications for the operation of social media companies in Ireland and beyond.