New guidance issued to election candidates who are abused online

The new guidance comes after a complaint was made to Coimisiún na Meán by Fianna Fáil’s European candidate for Ireland South, Cynthia Ní Mhurchú. Picture: Gareth Chaney

Ireland’s media regulator has published guidance for local and European election candidates on what to do if they face abuse or illegal content online.

Coimisiún na Meán said that during elections, candidates are at an “increased risk of suffering online harm”.

“We want to ensure that a variety of voices and opinions are heard during election times, and which support the agency of voters to make a free and informed choice,” the watchdog said.

“We will ensure that online platforms are responsible for how they enforce their own policies and how they meet their Digital Service Act obligations.”

The new guidance comes after a complaint was made to Coimisiún na Meán by Fianna Fáil’s European candidate for Ireland South, Cynthia Ní Mhurchú.

Ms Ní Mhurchú said she is regularly subject to abuse and called a “stupid bitch” on the social-media platform X.

She has also reported comments on the pages of other candidates, which X has failed to remove and which includes offensive, racist, misogynist, and sometimes illegal, content.

“The offending content is there for all to see,” Ms Ní Mhurchú said. 

“It is not hidden. It is fuelling the far right and racist groupings and is an affront to any decent-minded person.”

In its advice booklet, Coimisiún na Meán said that under the Digital Service Act, online platforms are obliged to assess the risks their services may pose, including the risk to civic discourse and to the electoral process.

“The main message for Coimisiún na Meán to election candidates is to report content they think is illegal or a breach of a platform’s own rules directly to the platform,” it said.

“Following that, if candidates believe that the platforms have not actioned illegal content, once reported, they can make a complaint to Coimisiún na Meán via [its] content centre. 

"Any immediate threats or risks to life should be reported straight to the gardaí.”

Under the heading of illegal content, examples given include credible threats of violence, campaigns of harassment, offensive conduct of a sexual nature, encouragement of a person to attempt suicide and threats, abuse or insults likely to stir up hatred against a group of people based on the likes of race, nationality or religion.

The advice also includes a guide for how and when a complaint can be made to Coimisiún na Meán, having already gone through that particular platform’s reporting process.

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The regulator told candidates they should always report content to the platform if they have concerns, but, outside of what is illegal, platforms are free to set their own rules for what content is allowed.

“Some social media platforms allow you to report misinformation or disinformation. Please note, misinformation or disinformation is not necessarily illegal,” it said.

“Neither Coimisiún na Meán nor any other public body has the authority to require content to be taken down, solely on the basis that the content represents misinformation or disinformation.”

However, under the Digital Service Act’s election guidelines, platforms are recommended to de-monetise disinformation content and have rules enforced to prevent the impersonation of candidates or use of deepfakes of a candidate.