Electoral disinformation powers unlikely to be in place for presidential election

ast November, NGO Global Witness found that TikTok approved ads containing explicit disinformation about Ireland’s general election, including one ad that claimed that people need proof of covid vaccines to vote. Picture: Andrew Harrer/Bloomberg

Laws from 2022 that allow the Electoral Commission to use "very strong" powers to compel social media companies to deal with disinformation affecting elections are unlikely to be in place for the presidential election.

The absence of the powers, significantly delayed due to European Commission concerns, is a source of significant concern among security agencies.

The Electoral Commission established informal procedures with social media companies to deal with the European Parliament elections and then the local and national elections.

Part 5 of the 2022 act deals with protecting the integrity of elections and referendums against online disinformation, misinformation, and inauthentic/manipulative behaviour.

Commission chief executive Art O’Leary told the Irish Examiner in June 2024 that the powers are "very strong". 

He said: “The chief executive has the authority to instruct social media companies either to take down posts or to label posts or to remove things from their various platforms.” 

Non compliance could result in substantial fines.

In a statement, the department of housing said: “Proposals to amend Part 5 of the Electoral Reform Act 2022 are being advanced to ensure that its provisions fully align with the EU’s Digital Services Act and that all issues raised by the European Commission in its detailed opinion of October 4, 2024 are satisfactorily addressed.

It is anticipated that Government approval will be sought in Autumn 2025 to proposals relating to the proposed amendments to Part 5 of the Electoral Reform Act 2022.

Institute for Strategic Dialogue senior analyst Ciarán O'Connor, said disinformation surrounding elections is “rife” online.

“The proposed changes to the Electoral Commission enabling it to address online disinformation represent an attempt to provide it with powers that correct that imbalance that exists today and to improve platform accountability around this issue,” he said.

He said that last November, NGO Global Witness found that TikTok approved ads containing explicit disinformation about Ireland’s general election, including one ad that claimed that people need proof of covid vaccines to vote.

“The absence of such powers, particularly as we finish a particularly busy period of elections and referendums and face into a presidential election, leaves a vulnerability in Ireland’s institutional defences against online manipulation."