Mr. Barry Ryan:

I thank the committee for inviting representatives of the Department to appear before it this afternoon. We welcome this opportunity to engage with it in its detailed scrutiny of the Online Advertising and Social Media (Transparency) Bill 2017, a Bill that proposes to provide for transparency in the disclosure of information related to online political advertising. I am accompanied this afternoon by my colleague, Mr. Paris Beausang, also from the franchise section within the Department.

In very broad terms, the Electoral Acts provide for the statutory framework for the registration of electors, the general conduct of elections - local, European, Dáil, Seanad and presidential - and referendums, the registration of political parties, the funding of political parties, the reimbursement of election expenses, the establishment of election expenditure limits, the disclosure of election expenditure and the political donations regime, as well as a broad range of electoral offences to support compliance with all aspects of election administration.

Under the Electoral Acts, the sole provisions in regard to advertisements provide that every notice, bill, poster or similar document having reference to an election or to a referendum or distributed for the purpose of furthering a particular result at an election or at a referendum is required to bear upon its face the name and address of the printer and of the publisher thereof. There are no specific requirements under the Electoral Acts in regard to online advertising, nor do the Acts regulate the content of election or referendum posters. It is considered that regulation in the latter case could be construed as potentially impinging on the right to freedom of speech or freedom of expression or both. Both are an integral part of our democratic processes.

The Department is aware of the current trends, both in Ireland and internationally, in the growth of online advertising over the other more traditional forms of media advertising and of the impact this may have on the outcome of elections. The micro-targeting of digital advertisements and the use of disinformation are a source of concern, having particular regard to the various investigations that are currently under way in other jurisdictions in regard to such matters. Clearly, the use of disinformation can erode confidence in democratic institutions, as well as in traditional media and, ultimately, may adversely impact upon the ability of the electorate to make informed decisions in the absence of trusted sources of information.

In response to these concerns and in recognition that a multidimensional approach would be required as part of any effective response, the Government established, earlier this year, an interdepartmental group to consider the substantive issues arising from recent experiences in other democratic countries, having particular regard to the use of social media by external, anonymous or hidden third parties in their electoral processes. As Mr. Browne indicated in his contribution, this group will report shortly.

More specifically, with regard to the Bill we are here to discuss this afternoon there are two issues of particular concern the committee may wish to consider in more detail before it progresses further through the Houses of the Oireachtas. While the proposal for a transparency notice to accompany an online advertisement for political ends appears to be similar in concept to the requirements under the Electoral Acts in respect of billboards, posters and notices, and is welcome in principle in that regard, nevertheless the extraterritorial nature of social media platforms and website providers, as well as the difficulty associated with determining the ownership or control of social media profiles or advertising sponsors could create very real differences in practice.

Ultimately, billboards, posters and notices are tangible and are attached to physical infrastructure in the State; if they do not comply with the law, the persons in the State who placed the advertisement may be prosecuted; this may not be possible with online advertisements given they may be posted online from outside our jurisdiction. The Bill does not appear to provide for an enforcement authority, nor does it appear to provide for powers of enforcement to support compliance with the requirements on transparency notices.

In addition, the Department is concerned that the definition of "political end" may give rise to unintended consequences. The definition includes references to democratic institutions that are outside the jurisdiction of the State and also appears to include matters relating to "industrial disputes". It is considered that the definition, as it currently stands, is very broad. Perhaps the committee might wish to consider a more narrow focus.

The Department is aware of international trends in the growth of online advertising over other more traditional forms of advertising and of the growing trend in the use of digital media in political campaigning. Developments internationally, including on regulating this technically and legally complex area, should inform considerations on the scope that may exist at this point in time to provide for greater transparency in this area.

I thank the members for their attention. I look forward to questions.