Additional information and resources relating to online safety can be found below.
Coimisiún na Meán (An Coimisiún) was established on the 15th of March 2023 and as yet we are not in a position to process individual complaints about online content or advise individuals about complaints relating to online safety.
We have yet to establish an individual complaints mechanism for online safety matters. Prior to establishing an individual complaints mechanism, we will designate online services to be regulated by An Coimisiún. We will also consult on imposing binding online safety code(s). Ensuring that online services have a functioning, robust and user-friendly complaints handling process is important to us.
In the meantime, there are a number of other organisations which can help you, if you see something online that you consider harmful. If you are worried about online harm or online safety, help and support are available through the resources linked below.
Many platforms provide their users with the opportunity to report content which they believe violates the terms and conditions of the service. Individuals are encouraged to utilise the platforms’ complaints process first when seeking to find a resolution to an online safety matter. Please find links to the complaints process for some of the more widely used online platforms below:
In light of the entry into force of the European Digital Services Act, many platforms have also published resources relating to their obligations under the Act. Please find links to platforms’ resources on the Act below:
Crisis Support
Child Sexual Abuse Material (CSAM)/Intimate Image Abuse/Child Sexual Exploitation
Children at risk/Concerns about digital images
Children, young people and Cyberbullying
Suicide/Self Harm
Eating Disorder
Parents/Caregivers
Some social media content may be illegal. This may include certain types of hate speech and threats, online harassment, grossly abusive content, illegal sexual content, encouragement to attempt suicide, and threats of terrorism.
The largest social media platforms now have a legal duty under the EU’s Digital Services Act to provide you with a mechanism to notify them about illegal content. They must consider your notification and take action if they agree the content is illegal. They must do this within a reasonable time and must let you know the outcome. They must also have an internal complaint-handling system, which you can use if you are dissatisfied with their decision.
The above duties currently apply to seven large social media platforms whose EU headquarters is in Ireland: Facebook, Instagram, LinkedIn, Pinterest, TikTok, Twitter and YouTube. The obligation also applies to Snapchat.
Some online marketplaces, search engines and other large online platforms are also covered by the rules on reporting illegal content. Those based in Ireland are Apple App Store, Bing, Google Maps, Google Play, Google Shopping and Google Search. Those based in other Member States are Alibaba AliExpress, Amazon, Booking.com, Wikipedia and Zalando.
Most other online services also have mechanisms for users to report content that they consider is illegal, but this will not be a legal requirement for other online platforms until 17 February 2024.
Content is illegal if it is in breach of the law of Ireland or another EU Member State, or of EU law.
There are a number of criminal offences under Irish law that may be applicable to the types of online content that often cause concern. We have summarised some of the applicable laws in the table below.
| If the content is … | It may be illegal under … |
|---|---|
| A credible threat of violence | Section 5 of the Non-Fatal Offences Against the Person Act, 1997 |
| Part of a campaign of harassment (such as cyberbullying) | Section 10 of Non-Fatal Offences Against the Person Act, 1997 |
| A threatening or grossly offensive communication
|
Section 4 of the Harassment, Harmful Communications and Related Offences Act 2020 |
| Threatening, abusive or insulting and likely to stir up hatred against a group of people on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation | Section 2 of the Prohibition of Incitement to Hatred Act, 1989 |
| An unsolicited image of someone’s genitals that causes distress, fear or alarm | Section 45 (1) of the Criminal Law (Sexual Offences) Act 2017 |
| Offensive conduct of a sexual nature | Section 45 (3) of the Criminal Law (Sexual Offences) Act 2017 |
| An intimate image shared without consent | Section 3 of the Harassment, Harmful Communications and Related Offences Act 2020 |
| Encouragement of a person to attempt suicide or information that would help them do so | Section 2(2) of the Criminal Law (Suicide) Act 1993 |
| Child sex abuse material or an advertisement for child sex abuse material | Section 5(1) of the Child Trafficking & Pornography Act 1998 |
| Encouragement of terrorist activity or a threat to commit an act of terrorism | Section 6 of the Criminal Justice (Terrorist Offences) Act 2005 |
(The table is a high-level summary. It does not constitute legal advice. Nor does it represent the position that Coimisiún na Meán may take in the context of any regulatory proceeding in which the meaning of the provisions concerned is in issue.)
The table is not an exhaustive list of laws that may apply to online content. Further examples of possibly illegal content include promotion of scams or unsafe or illegal products, naming witnesses or defendants in certain types of sensitive legal proceedings, copyright infringement, unlawful disclosure of personal data, and information disclosed in breach of a court order.
The precise way of reporting illegal content will depend on the platform and whether you are using the desktop version or an Android or iOS app.
When you make your report, you should include:
If you are reporting content to one of the large platforms already covered by the Digital Services Act you should also include:
Some platforms have specific forms for reporting unlawful or illegal content that contain a tick box that enables you to make this statement, and/or may be pre-filled with some of the necessary information.
You can notify a platform about content that you consider illegal, whether or not there is a police investigation or court proceedings.
You should contact An Garda Síochána (or the relevant police force in another member state) if there is an immediate danger or risk to life or harm or property or a crime is in progress. If you feel threatened in any way or are in danger, call the emergency services on 112 throughout the EU (or also on 999 in Ireland).
If you consider that the content may be a hate crime, you can report it to An Garda Síochána online at https://www.garda.ie/en/reportahatecrime/
If you suspect a child is a victim of abuse or is at risk or if you have concerns about images stored on private devices or content (i.e. images) being shared via encrypted private communications such as messaging Apps please contact your local Garda station or the free Garda Confidential line 1800 666 111.
If you are concerned about online child sexual abuse material, intimate image abuse (intimate images and videos shared online without the person’s consent) or activities relating to online child sexual exploitation you can securely, confidentially and anonymously report this content directly to Hotline.ie.
The largest social media platforms now have a legal obligation under the Digital Services Act to have rules about acceptable content and include them in their terms and conditions, or community rules. They also have to enforce these rules. They all provide mechanisms for users to report content they consider is in breach of the rules. However at present it is up to the platforms to decide what their rules should contain.
This obligation will also apply to all online service providers from next February.
Coimisiún na Meán is currently developing an online safety code for video-sharing platforms whose EU HQ is in Ireland. When this is in effect, it is expected to impose more detailed and additional obligations in relation to video and associated content on those platforms.
Some social media platforms allow users to report misinformation or disinformation. However misinformation or disinformation is not necessarily illegal so the obligations relating to illegal content will not apply to disinformation or misinformaton unless the content is illegal for some other reason.
The large social media platforms have a duty to assess a range of risks that their services may pose. This includes risks to civic discourse and electoral processes, to public health or to public security. They also have to implement measures to mitigate those risks. This process will cover risks posed by some types of misinformation and disinformation.
The European Commission is tasked with assessing the adequacy of risk assessments and mitigation measures, including those that target misinformation and disinformation.
Neither Coimisiún na Meán nor any other public body has the authority to require content to be taken down, solely on the basis that the content represents misinformation or disinformation.
At present Coimisiún na Meán is not fully operational, so we cannot assist you individually with your concerns about content. However, we hope our advice about reporting illegal content will be helpful.
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