Mr. Séamus Dooley:

The National Union of Journalists, NUJ, is grateful for the opportunity to address the committee on the Online Advertising and Social Media (Transparency) Bill 2017. We commend Deputy James Lawless on taking the initiative in bringing forward this Bill. I happen to know that he is the former district correspondence with the Leinster Leader so he knows something about the pressures of the media, at least at local level. The NUJ represents professional journalists in the UK and Ireland. We represent media practitioners in print, broadcasting and digital sectors. Our code of conduct, which is included as appendix 1, has set out the main principles of the union. The Bill is consistent with the aims and objectives of the NUJ code of conduct, even though we represent journalists and not advertising personnel. The first and second principles of the code state that a journalist:

1. At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed.

2. Strives to ensure that information disseminated is honestly conveyed, accurate and fair.

The fourth principle requires that a journalist “Differentiates between fact and opinion.” and the tenth also deals with similar issues of transparency. All of these principles are predicated on the importance of transparency. This Bill is predicated on the same principle.

As I have said, as a union we do not represent those engaged in advertising, but we do have a clear interest in the presentation of views and information and we emphatically have an interest in freedom of expression. Some concerns have been raised by previous speakers on the potential implications of this Bill for that right. However, the right to freedom of expression is also understood to mean the right to receive accurate information in an honest and clear fashion. Let me make it clear that we are not in favour of banning advertising. Advertising can perform an important function and for many media organisations it is an important source of revenue. We are in favour of regulating advertising however. We especially recognise the need for regulation in respect of electoral, political and public affairs. There is a clear public interest in ensuring that advertising is not disguised as news. That rule applies across the board, to strike a topical note.

This Bill applies the principles of openness and transparency to online advertising and it applies rules which effectively already exist in what is sometimes referred to as the dead-wood media. The concept of a transparency note is a welcome development. This seeks to shine a light on those who fund advertising for political purposes.The measures as outlined seem logical but I know from my past experience of this committee that it will take on board the concerns raised by Google and others. I would suggest that there is potentially a wider issue here, which is the question of whether we need an electoral commission to look at all aspects of elections. Of course, that is outside the remit of this committee.

Online advertising is pervasive. The use of algorithms has the potential to influence the viewer or listener in a subliminal fashion, to mould public opinion and to shape the outcome of democratic elections. The NUJ is gravely concerned by the concept of political micro-targeting and it is this issue which is directly relevant to working journalists. The collection and use of data used to target individuals on demographic, geographic or behavioural segments has profound implications for the democratic process. We welcome the emerging consensus that action is needed to ensure that hidden forces are not allowed to determine the outcome of democratic elections. In this regard we note and commend the work of the Transparent Referendum Initiative, TRI, which did so much to bring openness to the funding of on-line advertising in the referendum on the eighth amendment. Liz Carolan and Craig Dwyer have performed an important public service, as has the Geary Institute at UCD which supported that work. TRI's detailed analysis will be of invaluable assistance to political scientists.

The key findings of TRI included the fact that advertisements from untraceable sources were used to mislead voters, discredit political figures and groups, mimic official or neutral information sources, gather voter data and share disturbing images.

They also saw overseas and unregistered groups spending untraceable funds trying to influence the outcome of the vote and exploiting the legal loophole. Google's belated decision to ban all advertising relating to the eighth amendment referendum, and Facebook's announcement that it would allow ads only relating to the referendum to be bought by organisations located within the Republic, underlined the need for this legislation. In Mr. Dwyer's view, the action was too little and too late. The Cambridge Analytica scandal also serves as a global wake-up call, and the Bill in that respect is a timely initiative.

The National Union of Journalists, NUJ, has long called for a commission on the future of the media in Ireland. It seems the concerns raised in this Bill, and wider concerns about the role and engagement of media in Ireland, should be addressed by such a commission. In the meantime, however, this Bill is a welcome first step.