Irish political advertising laws deferred due to concerns from the EU and social media giants

Implementing new laws in Ireland to regulate political advertising and tackle misinformation during elections has been delayed. The Electoral Reform Act, passed by the Oireachtas last year, established the Electoral Commission to oversee elections and referendums. The Act grants extensive powers to the commission to monitor and regulate online election campaigning, including paid advertising.

However, parts 4 and 5 of the Act, which contain these powers, have not been commenced by the responsible Minister, Darragh O’Brien, due to concerns raised by the European Commission and objections from social media giants. The Irish Government agreed to pause the implementation of the Act. Although the initial ‘standstill’ period of 90 days has elapsed, the Minister’s department stated that parts 4 and 5 of the Act will not be commenced until the issues raised by the European Commission are addressed satisfactorily. The European Commission is waiting for proposals from the Irish Government to deal with their concerns.

Social media and internet companies have been actively lobbying against the new measures even after their enactment in legislation. Documents obtained through the Freedom of Information Act reveal that Google’s head in Ireland, Kent Walker, expressed concerns directly to the Taoiseach in July last year.

Meanwhile, discussions are taking place in Brussels regarding proposals for an EU-wide approach to protecting and policing online elections. However, it is unclear if these regulations will come into effect before next year’s local and European elections, and they are expected to be less extensive than the powers outlined in the Irish Act.

Why does it matter?

The new legislation will provide powers to regulate online paid political advertising, investigate and monitor online disinformation and misinformation, and address manipulative or inauthentic behavior online during election campaign periods. Once the relevant sections of the Act are commenced, the commission intends to align its enforcement policies with other the EU initiatives and regulations.
Additionally, the US authorities have warned foreign governments, including the Irish Government, that Russia may attempt to interfere in their elections using online misinformation. This underlines the significance of regulating online spaces to safeguard the integrity of democratic processes.