Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I am pleased to have the opportunity to speak to the amendments that were approved in the Seanad during the course of the Bill's passage through the House. The first group of amendments assigns a monitoring and investigatory role to an coimisiúntoghcháinin order that an coimisiún can protect the integrity of our electoral processes in the online sphere, in particular during electoral events. Members will appreciate that the online world now provides unprecedented opportunities unprecedented opportunities to spread false or misleading information very quickly and to create a false impression that a particular position has widespread support, thus giving it unwarranted credibility. Against this background and having regard to similar issues that arose during pre-legislative scrutiny of the Bill, when publishing the Electoral Reform Bill 2022 my colleague, the Minister, Deputy O’Brien, signalled that he had asked the Attorney General to prepare proposals and options for inclusion in the Bill with a specific focus on the protection of integrity of electoral processes that could include a role for an coimisiún in this regard. The new provisions in Part 5, which were published on 10 June, will place Ireland in a much better position to combat potential threats to the integrity of elections and referendums.

Seanad amendment No. 1 amends the Long Title to provide for the insertion of a new Part 5 in the Electoral Reform Bill 2022. In terms of consequential amendments, the insertion of a new Part 5 and the additional functions assigned to an coimisiún toghcháin to protect the integrity of our elections and referendums gives rise to a small number of consequential amendments to Part 2. Seanad amendments Nos. 2 to 5, inclusive, and No. 7 all relate to consequential amendments having regard to the insertion of the new Part 5.

I turn now to provisions in respect of the new Part 5 itself, which comprise amendments Nos. 12 to 40, inclusive. To better understand the principal threats to the integrity of elections and to perceptions of the integrity of how elections are conducted, a number of key concepts are set out in the new Part 5, specifically in section 142, on which I will now elaborate. Definitions of "disinformation", "misinformation" and "manipulative or inauthentic behaviour" are included in this Part. Following on from these broad concepts the provisions of the new Part 5 will provide an coimisiún with new monitoring and investigations functions with regard to the dissemination of disinformation relating to online electoral information and misinformation relating to online electoral processes, information as well as functions to prevent manipulative or inauthentic behaviours online. These are sections 143, 148, 157, 158 and 162.

Section 146 requires online platforms to report possible disinformation, misinformation or manipulative inauthentic behaviour in the online sphere to an coimisiún at the beginning of an electoral campaign period.

Section 147 requires online platforms to put in place a notification mechanism for users to report possible disinformation relating to online electoral information and misinformation relating to online electoral processes information.

Section 144 requires an advisory board to be established to provide advice to an coimisiún on the nature and effect of disinformation and misinformation and on the use by an coimisiún of its powers under Part 5.

Section 145 provides for the establishment of a stakeholder council to provide advice and opinions to an coimisiún generally and on the preparation and use of codes of conduct under Part 5.

Sections 151 to 155, inclusive, provide powers to an coimisiún in respect of its monitoring and investigatory functions.

Sections 159 and 160 also provide for an appeal mechanism against any notices or orders issued by an coimisiún.

Section 150 requires that an coimisiún will be required to consider the impacts of its actions on specified rights under the Constitution.

Section 161 provides that an coimisiún may publish codes of conduct that will be developed in consultation with the advisory board and stakeholder council. These codes of conduct may apply to online platforms, candidates at an election, political parties, third parties and other relevant persons.

Finally, section 163 provides for offences and penalties in respect of a failure to comply with any of the proposed notices under order or orders issued under Part 5; section 16 for making certain false statements regarding electoral period or an election campaign period; section 165 for using undisclosed bots to mislead or influence an election or referendum; and section 166 for a failure to comply with the obligations placed on online platforms.

Part 4 and the new Part 5 are required to be notified to the European Commission under EU Directive 2015/1535 laying down a procedure for the provision of information in the field of technical regulations and of rules of information society services, otherwise known as technical regulation information system, TRIS, notification process. Consultation periods are ongoing on Parts 4 and 5 under the TRIS process. This provides an opportunity for stakeholders and the European Commission to provide comments or observations on the relevant provisions in the Bill. Any comments or observations arising from consultation process can be considered in advance of the commencements of Parts 4 and 5.

In conclusion, the insertion of a new Part 5 and the additional functions it provides to an coimisiún toghcháin to protect our democracy against the spread of disinformation, misinformation and manipulative or inauthentic behaviour online will place Ireland in a much better position to combat the potential threats to the integrity of our elections and referendums in the future.

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