DSA social media monitoring powers used for first time in wake of Dublin riots

The DSA,was used to trigger an alert to the European Commission. The alert was used to compel major online platforms to remove violent imagery and prevent incitement of hate and violence online following the riots at the end of November. On 5 December 2023, the Digital Services Bill 2023 was published, which gives effect to the DSA in Ireland.

The trouble in Ireland’s capital was prompted by a stabbing incident outside a primary school which left a five-year-old girl in a critical condition and a female teacher with various serious injuries, with 34 people arrested. 

The reliance on the DSA following the riots highlighted the importance of the legislation as European and Irish officials met with large tech platforms headquartered in Dublin to obtain information on the ways in which these firms responded to the circulation of harmful material during the riots. These meetings also allowed for information on how large platforms responded to be collected and the next steps platforms took to stop the spread of harmful material. 

The DSA was adopted into law on 16 November 2022, altering the liability framework for online intermediaries operating in the EU. From 17 February 2024, the DSA will apply fully within EU Member States. The legislation stiffens requirements around how media services, broadcast and online, manage illegal and harmful content published, and how goods and services sold.

Coimisiún na Meán or the Media Commission (“the Commission”) was established in accordance with the Ireland’s Online Safety and Media Regulation Act 2022 (“OSMR”), replacing the Broadcasting Authority of Ireland (BAI) as regulator for broadcasting in Ireland. The Commission will also serve as Ireland’s Digital Services Coordinator (DSC) in accordance with the DSA.

Commercial litigation expert Sarah Twohig of Pinsent Masons said: “It is envisaged the Commission, DSC and the European Commission will all work ‘hand in glove’ to ensure co-ordinated enforcement regarding online safety in Ireland.”

Ireland is expected to have a leading role in enforcing the DSA given the number of large tech companies which have their European headquarters within the country. Therefore, decisions of the Commission, from a DSA perspective, will influence how the DSA is implemented by designated authorities in other EU member states, Twohig commented.   

In addition, the DSC is the content supervisor appointed to carry out the protective measures of the DSA. The Irish DSC will sit within the Commission but will have separate reporting requirements under DSA. Therefore, there will be overlap between the functions of the Commission under the OSMR Act and DSA including between their lines of responsibility to help govern safety issues online similar to those caused by the Dublin riots.