Gardaí worried online disinformation 'may not actually breach any law'

A former primary school on the Rocklow Road in Fethard, Co Tipperary, was burnt out on January 3. The Department of Integration had no plans to use the building, and gardaí said they were aware of 'possible misinformation, disinformation and rumour' about the premises. 

There is an “inherent difficulty” in tackling fake news and disinformation online which is leading to physical violence and disorder on the streets, An Garda Síochána has said.

This is because the online postings "may not be illegal in terms of content despite it clearly being disinformation", Assistant Commissioner Cliona Richardson told the Oireachtas Media Committee.

“An Garda Síochána has in the past had to resort to issuing statements regarding inaccurate information circulating online,” she said. “Most recent examples include false claims that properties are to be used as accommodation centres and are subsequently targeted in arson attacks.

“Gardaí are continuing to investigate a number of arson attacks and attempts to damage buildings that were falsely rumoured to be intended for use to house migrants, as well as some buildings that were in fact intended for use as refugee accommodation.” 

Assistant Commissioner Richardson made the remarks at a hearing on the State’s response to disinformation online.

The committee heard that sharing disinformation is not, in itself, illegal but it has had real-world consequences with reference made to the Dublin riots last year and the numerous instances of arson attacks and protests at sites rumoured to be earmarked for refugee accommodation.

Ms Richardson said:

Another recent example includes the allegations of a sexual assault on a child by a number of men residing at an accommodation centre in Kildare, which were completely untrue.

“These false rumours were widely circulated and also shared by a number of agitators. Following the posting of comments on social media, a group of protesters gathered at a hotel housing migrants in Kildare, during which gardaí were verbally abused while also being targeted with fireworks and other missiles.” 

She said that An Garda Síochána continues to receive “concerning reports of online abuse” from members of the public including politicians, celebrities, journalists and gardaí which “were instigated by disinformation means”. She said that disinformation spread online has acted as a “catalyst for physical acts that have been criminal in nature”.

“Removal of material is most commonly achieved via a request to the service provider,” Ms Richardson said. “Even in circumstances where the post or message is disinformation, it may not actually breach any law.” 

The gardaí said that a multi-agency approach is required to tackle this issue, as well as responsibilities for social media companies as there is “no compellability” to force them to take down content if that content is not illegal.

Also addressing the committee was Jeremy Godfrey, executive chair of media regulator Coimisiún na Meán. Under powers granted to the commission in February, it can take social media companies to task for not following their obligations.

When asked which social media companies he had concerns about, Mr Godfrey replied that “we’ve got concerns about all of them”.

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This focused on how users can report illegal content and how that is then reviewed internally at the tech firm. He said that all such firms have terms and conditions related to disinformation and have an obligation to properly apply them.

“We have concerns whether or not they are,” he said, adding that while he wouldn’t go into detail of how they will ensure compliance, “mystery shopping” is part of the plan to ensure users are protected by social media firms.

Martina Chapman, who acts as the independent chair for the National Counter Disinformation Strategy Working Group, said disinformation was nothing new but a number of factors were needed to tackle it as it exists today such as media literacy and enforcing legislation.

“For all that, we must remember that disinformation can be subjective and a matter of debate. In a free society, people are entitled to express and believe things that are incorrect,” she added.