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Election integrity

Electoral Commission expected to be given powers to regulate misinformation ahead of June elections

The required legislation was not enacted in time for the Commission’s establishment last year.

THE ELECTORAL COMMISSION is expected to be given the powers to regulate online misinformation ahead of the local and European elections in June, the Taoiseach has said.

His comments come after chief executive of the Commission Art O’Leary said earlier this year that he could not say for certain if the required legislation would be in place in time. 

As part of its remit, the Electoral Commission was meant to be given powers to regulate misinformation and disinformation online, but the required legislation was not enacted in time for the Commission’s establishment.

Set up in February 2023, the Electoral Commission is the state’s independent body which oversees electoral functions, including explaining to the public the subject matter of referendums and reviewing Dáil Éireann and European Parliament constituencies as well as local electoral area boundaries.

The reason for the delay in arming the Commission with these powers is because of ongoing negotiations between the Irish government and the European Commission.  

The Taoiseach said today that he expects the required legislation to be in place before June.

“The Electoral Commission has got off to a good start. And as the case with any legislation, it rarely gets all commenced in one go, it gets commenced in sections and we would certainly be aiming to have more sections commenced before the elections in June and then ultimately for the general elections as well,” he said.

Speaking at the launch of the Commission’s information campaign for the Family and Care referendums in January, Commission chair Justice Marie Baker said when the powers are put in place the commission will have the authority to tell social media companies to take certain material down if it is deemed to be false information. 

It would also be able to go to the High Court and seek and order for the material to be removed if required.