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Irish Senator to Debate Online Age Verification Bill for Pornographic Content

LEGAL NEWS STRAIGHT

Irish Senator Seanad Éireann is set to debate a significant piece of legislation aimed at safeguarding minors from accessing pornographic material online. The Protection of Children (Online Age Verification) Bill, introduced by Senator Rónán Mullen, will undergo its Second Reading during a session on Thursday.

Co-sponsored by Independent Senators Michael McDowell, Sharon Keogan, Gerard Craughwell, and Government Senators Erin McGreehan, Diarmuid Wilson, and Aidan Davitt, the bill mandates strict age verification protocols for online providers of adult content.

The proposed legislation imposes an obligation on internet service providers and app store services to ensure that individuals under 18 cannot access pornographic material. To comply, website controllers and app store service providers must implement an age verification process, which can be outsourced to third-party organizations approved by the Minister for Media. Despite outsourcing, the primary responsibility for compliance remains with the website controllers and app store service providers.

Senator Mullen’s bill specifies that acceptable age verification methods will be determined by the Minister for Media, who will prescribe a list or class of documents suitable for this purpose. Furthermore, the bill allows for a legal defense if it can be proven that another person facilitated the circumvention of the age verification process.

An important aspect of the bill is the provision for the secure storage of age verification data for a period of five years. Access to this data is restricted to legal proceedings, ensuring that personal information is handled with care.

Senator Mullen emphasized the widespread public concern about the accessibility of pornographic material on the internet and its potential harm to children and families.

“Many children have unfettered access to the internet. It is long past time to make strict age verification a legal obligation on pain of criminal sanction,” he stated.

Highlighting the effectiveness of similar laws in the United States, Mullen noted that age verification requirements have led to some pornographic content providers ceasing operations in certain states. He clarified that the bill’s primary focus is on child protection and not on restricting adult access to adult content.

“Its 100% focus is child protection. Everything must give way to that. Outside of that objective, the Bill has no other focus,” Mullen added.

Despite its noble intentions, the bill has faced criticism for its potential impact on privacy and free speech. Critics argue that mandatory age verification could lead to the collection and storage of sensitive personal data, posing risks of identity theft and other privacy breaches. There are also concerns about the bill’s potential to create a chilling effect on free speech, similar to what has been observed in some U.S. states.

The bill has garnered support from several government and independent senators, reflecting a bipartisan effort to address the issue of online safety for minors. Senator Mullen welcomed the co-sponsorship from Government Senators and expressed hope for further support during the Second Stage reading.

“I invite people, especially but not exclusively concerned parents, to contact the Government and other parties and ask them to support this Bill,” Mullen urged.

The outcome of Thursday’s debate will be crucial in determining the future of the Protection of Children (Online Age Verification) Bill and its potential impact on online content regulation in Ireland.

Senator Mullen’s office has released a statement emphasizing the importance of the bill for child protection. “There is widespread public concern about the proliferation of pornographic material freely available on the internet, and about the damage that this can do to children and their families,” the statement read.

In response to criticisms, Mullen’s office reassured the public that the bill includes stringent measures for the secure handling and storage of age verification data. “The bill provides for the secure storage of any age verification data submitted for a period of five years. Such data may only be accessed where it is needed for legal proceedings,” the statement clarified.

As  Seanad Éireann prepares for Thursday’s debate, all eyes will be on the discussions and decisions that could shape the future of online content regulation in Ireland, with the primary aim of protecting minors from exposure to harmful material.


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