Six key takeaways from Coimisiun na Mean's first strategy statement

Background

An Coimisiún is Ireland's media regulator. It is a statutory body established by the Online Safety and Media Regulation Act 2022 ("2022 Act") which commenced operation on 15 March 2023. An Coimisiún succeeded the Broadcasting Authority of Ireland ("BAI") as the regulator of Ireland's broadcasters. However, its remit extends well beyond that of the BAI. An Coimisiún is empowered to meet the regulatory challenges of the modern media landscape. Its responsibilities include:

• The regulatory framework for online safety (which comprises of the 2022 Act, EU Digital Services Act ("DSA") and EU Terrorist content Online Regulation ("TCOR")
• The regulation of broadcasting and audiovisual on-demand services. 
• Supporting and developing the media sector in Ireland.

Key takeaways

1.    Prioritising risks

An Coimisiún intends to adopt a 'risk-based' approach to its strategy. This means prioritising its resources on 'the areas of greatest risk and highest impact for Irish society.' One consequence is that An Coimisiún's supervision functions will be focussed on those entities which pose the highest level of the risk of harm. Assessment of risk will be driven by research, data and evidence and An Coimisiún will use both formal complaint and enforcement mechanisms as well as guidance, codes and education to shape the behaviour of regulated entities.

2.    Child safety is paramount

Child safety and preventing harm to children online is a consistent theme of the statement. An Coimisiún seeks to shape the media landscape in a way which "upholds the rights, wellbeing and development of children and their safe engagement with content." Such material may not necessarily be unlawful but may still be considered harmful or detrimental to the interests and wellbeing of children.

This prioritisation of child safety is already reflected in the Online Safety Code launched by An Coimisiún in October 2024. You can view our article analysing the Online Safety Code here.  Further child-focused measures are due to come into effect in July 2025.

3.    Other key risks include risks to public trust, public safety and civic discourse

The strategy statement also sets out other key risks identified by An Coimisiún. These include risks:

• to public trust in media being undermined by online fraud, exploitation and scams; 
• to public safety from content which incites civil disorder; and
• to democracy and civic discourse from online abuse and disinformation. 

The statement represents a commitment by An Coimisiún to use its powers to tackle these risks including establishing mechanisms to assist the public "when there is an imminent risk of serious or widespread harm."

4.    Rights underpin An Coimisiún's work

An Coimisiún's work will also demonstrate a respect for rights, particularly freedom of expression. It is not a content moderator or censor and will only regulate to the extent necessary to pursue its lawful objectives. It considers its work will uphold and balance fundamental rights including the right to freedom of expression, the rights of children, privacy rights and the right to participate in free elections.

5.    Collaboration is key

As well as engaging with the public and regulated entities, An Coimisiún expects to collaborate closely with partners at a national, European and international level. 

At national level this includes, "An Garda Síochána and An Coimisiún Toghcháin and with our fellow members of the Irish Digital Regulators Group (the CCPC, the Data Protection Commission and ComReg)." 

At European level, An Coimisiún seeks to play a leading role in EU regulatory frameworks in order to benefit users across the EU.  Globally, the statement sets out that An Coimisiún will pursue partnerships, share research, ideas and solutions. 

The strategic focus on international collaboration is elaborated upon in the 2025 work programme which outlines An Coimisiún's "leadership positions in all the networks of which we are members, notably the European Board for Digital Services, the European Board for Media Services and the Global Online Safety Regulators Network."

6.    New developments are on the horizon

The statement makes clear that An Coimisiún are looking to the future and are aware of potentially seismic changes in the media landscape which are currently underway or which may develop in the near future, particularly those related to artificial intelligence. 

The statement also anticipates An Coimisiún setting out a vision for the future of the Irish media sector that takes account of regulatory developments including those due to take effect under the EU Media Freedom Act.
 

Written by Sinéád Taaffe, Damien Watson and Barry O'Kelly.