Coimisiún na Meán has today published a Designation Decision Framework for video-sharing platform services (“VSPS Designation Decision Framework”) to inform individual providers of online services of the assessment and decision-making process it intends to follow, in order to determine whether a named service meets the defining criteria of a video-sharing platform services (“VSPS”) and whether the provider of such a service is under the jurisdiction of Ireland.
Under the Broadcasting Act 2009 as amended, EU Member States are required to ensure that VSPS providers under their jurisdiction take appropriate measures to protect young people from content which may impair their physical, mental or moral development. Members States are also required to protect the general public from illegal content and from content containing incitement to violence or to hatred and ensure that providers of VSPS comply with advertising requirements and standards on these services.
The VSPS Designation Decision Framework supports evidence-based, transparent, consistent, and proportionate decision-making by the Commission in the exercise of its statutory functions. It is informed by the statutory provisions of the 2009 Act and also references information to which the Commission shall have regard to, including a report prepared by the consulting body PA Consulting. The Commission will draw on, among other sources, the data sources identified in the report, including questions, indicators, and metrics relevant to a VSPS designation, its own research and the European Guidelines on the application of the essential functionality criterion.