PwC is advising online services businesses to prepare now for the passage into law of of new measures dealing with online safety and media regulation.

The Covid-19 pandemic has delayed the introduction of the Online Safety and Media Regulation Bill, but PwC says that businesses such as social media services, public boards and forums, internet service providers, e-commerce platforms and private online storage services to start getting ready now.

When law, the new measures are expected to make radical changes to the management of online content. The purpose of the legislation is to regulate harmful online content and make online content safer for all users.

The measures, which transpose the terms of the EU’s Audiovisual Media Services Directive into Irish law, include the creation of an Online Safety Commissioner, a part of the new Media Commission that will replace and integrate the Broadcasting Authority.

The commission will have the power to designate the online services that will be regulated under the new regime. Harmful content will be the key focus, including material that is a criminal offence to disseminate, that is considered cyber-bullying material, or that promotes self-harm.

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Assurance partner Damian Byrne (pictured) said: “The Bill will have major implications for online services, fundamentally altering how harmful content will be moderated. The scope is broad, and companies that facilitate any sharing of content online by users may come into its scope over time.

“Its introduction will see these companies having to comply with new online safety codes enforced by the new Online Safety Commissioner.  The Bill will set a clear expectation for these companies to take reasonable steps to ensure the safety of their users.”

Online services will be subject to new reporting as well as external review by agents appointed by the Commissioner. For companies with their EU HQ in Ireland, the state will become the Regulator on a cross-EU basis for audiovisual content disseminated on these online services.

Byrne added: “PwC is therefore advising companies impacted by these new regulations to start preparing — put a roadmap in place, undertake a readiness assessment, and engage early with the regulator.”

The roadmap to help transition to the new regime should include: 

• Assess current regulatory readiness and design a strategy to transition to the new regulatory framework
• Implement new ways of working and monitor compliance with the commissioner
• Ensure your staff have the appropriate training.

The readiness assessment involves:

• Getting an accurate snapshot of the current state of readiness
• Defining a list of recommendations to help bridge the gap between the current state and the desired state.

Early engagement with the regulator would mean appointing an ‘engagement lead’ to coordinate all communications with the commissioner; and developing an engagement plan covering all the steps necessary in approaching communications with the commissioner.

Companies that fail to regulate harmful content posted on their platforms will face reprimands and possible fines.