THE ROLE OF influencers will be considered under the EU’s plan to develop a ‘democracy shield’ which aims to tackle the spread of online misinformation and protect European democracy, according to Michael McGrath, European Commissioner for Justice.

Speaking at an event at the Institute of International and European Affairs (IIEA), a think tank based in Dublin today, on “Future-Proofing EU Democracy”, McGrath was questioned on the role of influencers online and in particular the information they are disseminating to younger people. 

“On the role of influencers, yes, we are going to consider it in the context of ‘the Shield’ and also from a consumer point of view under the proposed Digital Fairness Act.

“I think the key issue there is transparency. If somebody is part of a commercial transaction, is being paid to promote a product or a service. I think consumers and the general public have a right to know that. There is legislation here in Ireland, but not every member state has such legislation. But it is an area that is going to be considered,” said McGrath. 

The Competition and Consumer Protection Commission (CCPC) and Advertising Standards Authority published guidance on influencer marketing in October 2023. The agencies are understood to be clamping down on the regulations this year. 

Fact-checking network

McGrath, who is the Irish Commissioner responsible for democracy, justice, the rule of law and consumer protection also spoke about Europe’s plans to build a European network of fact-checkers, which he said will operate in all official EU languages. 

He said they will play “a crucial role in verifying information and countering disinformation”. 

The network will empower citizens with accurate information, crucial for informed decision making, he said.

“But let me be clear, defending facts is not censorship. The right to freedom of expression does not apply to incitement or to hate speech, fake accounts or bots or trolls, nor does it apply to deliberate attempts sponsored by hostile actors to influence political debates and elections,” he said.

European Commissioner for Justice Michael McGrath. Alamy Stock Photo Alamy Stock Photo

McGrath said the public’s “genuine concern about issues” such as the cost-of-living, housing, and immigration are oftentimes “being manipulated”.

“That is what we have to guard against and make sure that the manipulation is rooted out and is addressed. And that’s what we will seek to do through the various tools and platforms that we have,” he said. 

“I think it’s important we do invest in providing people with the facts. At the end of the day, it’s the people’s democracy. They will elect whoever they want to elect. It’s their choice and we must always uphold and defend the rights of people to freely choose their representatives, but they shouldn’t be doing so based on uninformed opinions.

“They should have the information that they need to make up their own mind, or at least know where they can access it. We have a duty, I think, to inform people where information is being brought forward that is blatantly incorrect,” the commissioner said. 

McGrath said he had “no fears around freedom of speech” within the European Union. 

“It is absolutely safe. In fact, I think people have never had more freedom to speak and to express strongly held views on a whole range of different issues.

“Any of us only have to open up our phone or computer, we will see very strongly held views being expressed, expressed on an ongoing basis about a whole range of issues. And that is absolutely right and proper.

“People should have the right to do so, and as the commissioner in charge of the charter of fundamental rights, I will be the first to stand in defense of freedom of expression,” said McGrath. 

‘Delicate issue’

When asked about people that express what some might describe as “far-right” views, McGrath said there is a need to “be careful not to give the impression that ‘we know best’ or that we are lecturing people or telling people, ‘well, you don’t realise the importance of democracy’ or ‘you’re voting for the wrong people’, or ‘you’re misinformed’”. 

Describing it as a “delicate issue”, McGrath said there is a need to engage with people, stating that the most powerful tool of all is to listen to people about why they hold the views that they hold and why they vote the way that they vote.

The work underway is to ensure everyone has the information that they need and can  access factual information, he explained.  

“That, for me, is fundamentally what our role is. People will vote for who they choose. That’s their fundamental democratic right, the founding value of the European Union, and we must protect and uphold it in every respect. But we have to make sure that that the pillars of our democracy and the pillars that support them in their decision-making, around rule of law, around equality, around freedom, around human rights, respect for human dignity, that all of those, are fully upheld,” said McGrath. 

GDPR Reforms

The commissioner was also asked about reforms to GDPR that are in the works at a European level. McGrath said there is a need to strike a balance, but confirmed that there are moves to simplify the burden of compliance with the GDPR rules.

“We are committed to doing that, so I will be bringing forward measures to ease the burden of compliance with GDPR, while at the same time protecting that fundamental right of the protection of of personal data,” he said. 

The Journal FactCheck unit is the fact-checker partner for the Ireland EDMO hub (European Digital Media Observatory). You can find more about our collaborative work across media literacy, research and other tools against disinformation here.

EDMO receives funding from a European Union programme but is an independent observatory with its own governing board and an independent advisory board. You can read more about EDMO here, and the Ireland EDMO hub here.