Electoral Reform Act 2022

“PART VII

Anonymous electors, applications under section 11(7) and pre-registration of persons aged 16 years but less than 18 years

Anonymous electors

1. (1) An application to be entered on the register of electors under section 15E shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area where he or she is ordinarily resident.

2. (2) An application to be entered on the register as an anonymous elector shall—

   • (a) be in writing on the appropriate form,

   • (b) state the applicant's full name,

   • (c) state the address at which the applicant is ordinarily resident,

   • (d) state the reason for the application,

   • (e) state the date of the application, and

   • (f) be signed by the applicant.

3. (3) The application shall be supported by the evidence specified in section 15E(2), which shall be submitted with the application.

4. (4) Where the supporting evidence referred to in paragraph (3) relates not to the applicant but to another person who is a member of the applicant’s household, the application must be accompanied by evidence that that person is a member of the applicant’s household.

5. (5) The application form shall be completed in accordance with the instructions provided on the form and shall include a declaration made by the applicant confirming that the particulars provided by the applicant in accordance with paragraph (2), the supporting evidence submitted with the application referred to in paragraph (3), and if applicable, evidence that the person referred to in paragraph (4) is a member of the applicant’s household, are true to the best of the applicant’s knowledge and belief.

6. (6) A declaration by a qualified person under section 15E(2)(d) shall—

   • (a) be in writing in a form directed by the Minister,

   • (b) state the full name of the qualified person,

   • (c) state the position held by the qualified person,

   • (d) state the work address of the qualified person,

   • (e) be signed by the qualified person, and if—

     • (i) the person is a member of the Garda Síochána, state his or her rank and number, or

     • (ii) the person is a registered medical practitioner, state his or her Medical Council number,

     and

   • (f) state the date on which the declaration was signed.

   Applications from electors in accordance with section 11(7)

   1. (1) An application to be entered on the register of electors in accordance with section 11(7) shall be in a form directed by the Minister and shall be made by the applicant directly to the registration authority for the registration area in which the applicant is ordinarily resident as provided for under that provision.

7. (2) The application form shall be completed by the applicant in accordance with the instructions provided on the form and, where necessary and appropriate and insofar as reasonable and practicable, the registration authority shall assist the applicant to complete the form and make the application under paragraph (1).

8. (3) The registration authority shall consider an application under paragraph (1) and shall satisfy itself that an applicant—

   • (a) is a person to whom section 11(7) applies, and

   • (b) has duly completed his or her application form.

9. (4) Where the registration authority is satisfied as to the matters referred to in paragraph (3), it shall grant the application and mark the application form accordingly and shall notify the applicant of its decision to enter him or her on the register of electors in accordance with section 11(7).

10. (5) Where the registration authority is not satisfied as to all or any of the matters referred to in paragraph (3), it shall refuse the application and mark the application form accordingly and shall notify the applicant of its decision and the reasons for the decision and inform the applicant that he or she may appeal the decision to the county registrar in accordance with Rule 39.

11. (6) Where an application made in accordance with this Rule is refused by a registration authority, the applicant may appeal the decision to the county registrar in accordance with Rule 39.

Pending elector list

1. (1) An application to be entered on the pending electors list under section 17A shall be in a form directed by the Minister and shall include, having regard to Rule 5(3), such information as is necessary to enable the registration authority to carry out its functions.

2. (2) The application form shall be completed in accordance with the instructions provided on the form and shall be made by the applicant directly to the registration authority for the registration area in which he or she is ordinarily resident and shall include a declaration made by the applicant confirming that the details provided by the applicant are true to the best of his or her knowledge and belief.

3. (3) Where the registration authority has arrangements in place by which it can verify the identity of an applicant by electronic means, the registration authority shall consider the application in accordance with paragraph (7).

4. (4) Where the registration authority has arrangements in place by which the identifying particulars of an applicant can be confirmed in accordance with section 13E(2)—

   • (a) if the identifying particulars can be successfully confirmed, the registration authority shall consider the application in accordance with paragraph (7), or

   • (b) if the identifying particulars cannot be successfully confirmed, the registration authority shall contact the person and require him or her to complete the procedure in paragraph (5) and resubmit his or her application to the registration authority.

5. (5) A registration authority shall consider in accordance with paragraph (7) an application form which is signed by the applicant in the presence of—

   • (a) a member of the Garda Síochána, or a member of the civilian staff of the Garda Síochána, from the applicant’s local Garda station, or

   • (b) an official of the registration authority,

   who, on being satisfied of the applicant’s identity, including if necessary by the production of photographic identification and any other identity documents that may be requested, shall sign, date and stamp the application form.

6. (6) Where, due to an illness or disability, the applicant is unable to comply with paragraph (5), the application shall be accompanied by a certificate in a form directed by the Minister from a registered medical practitioner certifying that the applicant is unable to so comply due to his or her illness or disability.

7. (7) The registration authority shall make such inquiries as it considers appropriate for the purpose of considering and deciding on such an application and paragraphs (2), (3) and (5) of Rule 5 shall apply in relation to the consideration of and decision on the application.

8. (8) The registration authority shall, as soon as practicable, consider and decide on the application and shall notify the applicant of the decision, and where the application meets the requirements of section 17A and this Rule, the name of the applicant shall be included on the pending elector list.

9. (9) In paragraph (5), ‘member of the civilian staff of the Garda Síochána’ means a person appointed under section 19(1) of the Garda Síochána Act 2005 or designated under section 19(5) of that Act and, on being so designated, transferred to and having become a member of the civilian staff of the Garda Síochána.”,

and

• (j) by the insertion of the following Part after Part VII:

“PART VIII

Appeal to county registrar

1. (1) Subject to paragraphs (2) and (3), the county registrar shall consider and determine all appeals against decisions of a registration authority made in writing to him or her, including where Rule 9(4) applies, appeals transferred to him or her from the county registrar of an adjacent registration area, under sections 15D, 15E and Rules 7, 11, 23, 33 and 37.

2. (2)

   • (a) Subject to subparagraph (b), an appeal to the county registrar under paragraph (1) shall be made within 4 weeks from the date of the decision of the registration authority.

   • (b) Where an order appointing a polling day in an election or referendum has been made, the county registrar shall, as soon as possible after the making of that order, give public notice of the latest dates for the receipt of appeals under paragraph (1) in order for the appeal to be considered by him or her prior to the election or referendum, or both, as the case may be, and the place where the appeal shall be considered, and where the appeal relates to applications for postal voting or special voting, the date shall be not less than 2 days after the last day for making such applications as specified in section 14(2) or section 17(2), as the case may be, in respect of that election or referendum, and any appeals received after that date shall not be considered by the county registrar until after polling day for that election or referendum.

3. (3) Subject to paragraph (4), before considering an appeal in relation to the deletion of the name of a person from the register the county registrar shall, except where he or she is satisfied that the person is deceased, give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her.

4. (4) If the county registrar is satisfied that an appeal, other than an appeal in relation to the deletion of the name of a person from the register, should not be allowed without inquiry, he or she shall give not less than 5 clear days’ notice to the appellant and any other person who, in the opinion of the county registrar, may be interested, of the time and place at which the appeal will be considered by him or her.

5. (5) Before determining an appeal made to him or her under paragraph (1), the county registrar may make such further inquiry as he or she may consider necessary and may require any person to give any information in his or her possession which the county registrar considers necessary for the purpose of carrying out his or her functions under this Rule.

6. (6) The county registrar may require any officer of a registration authority or any person whose duty it is to make a house to house or other inquiry under Rule 5 to attend at such times and at such place as he or she may consider necessary for the purpose of enabling him or her to decide any appeal.

7. (7) The county registrar may, on consideration of any appeal, require that the evidence tendered by any person should be given on oath or affirmation and may administer an oath or affirmation for that purpose.

8. (8) The appellant and any other person who, in the opinion of the county registrar, may be interested, may appear and be heard, either in person or by any other person on his or her behalf, at the hearing of the appeal by the county registrar.

9. (9) The county registrar shall consider the appeal and make his or her decision within a reasonable period from the date of receipt of the appeal and shall inform, as soon as practicable after the making of the decision, the appellant and the registration authority and any person who, in the opinion of the registration authority may be interested—

   • (a) of the decision, and

   • (b) where the appeal is refused, of the right of appeal against the decision to the Circuit Court under section 21.

10. (10)

    • (a) Where the decision of the county registrar under paragraph (9) is to allow the appeal, the registration authority shall take such action, if any, as is necessary to give effect to the decision as soon as practicable after notification to it of the decision.

    • (b) Subject to section 21(4), where the decision of the county registrar under paragraph (9) is to refuse the appeal, the decision shall take effect on the expiration of the period of time for the making of an appeal under section 21.”.

Chapter 2 Amendments to Electoral Act 1997

107. Amendment of section 63 of Electoral Act 1997

107. Section 63 of the Electoral Act 1997 is amended—

• (a) in subsection (1), by the substitution of “every elector who, subject to section 14(2) of the Act of 1992, applies to be so entered” for “every elector who, not later than the last date for making claims for correction in the draft register, applies to be so entered”, and

• (b) by the substitution of the following subsection for subsection (3):

• “(3) Where an application to be entered in the postal voters list under subsection (1) is refused by the registration authority, the applicant may appeal the decision in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.”.

108. Amendment of section 64 of Electoral Act 1997

108. Section 64 of the Electoral Act 1997 is amended, in subsection (1)—

• (a) in paragraph (b), by the substitution of “as the case may require.” for “as the case may require;”, and

• (b) by the deletion of paragraph (c).

109. Amendment of section 66 of Electoral Act 1997

109. Section 66 of the Electoral Act 1997 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least once every year, for the giving of public notice of— ” for “The registration authority shall, within the period of fourteen days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of— ”.

110. Amendment of section 67 of Electoral Act 1997

110. Section 67 of the Electoral Act 1997 is amended—

• (a) in subsection (2)(ii), by the insertion of “and of the applicant’s right to appeal the decision to the county registrar under section 63(3)” after “therefor”, and

• (b) in subsection (3), by the substitution of the following paragraph for paragraph (a):

• “(a) Section 14(2) of the Act of 1992 shall apply to applications under this Part.”.

Chapter 3 Amendments to other enactments

111. Amendment of section 2 of Act of 2006

111. Section 2 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (a):

• “(a) applies, subject to section 14(2) of the Act of 1992, to be so entered,”.

112. Amendment of section 3 of Act of 2006

112. Section 3 of the Act of 2006 is amended in subsection (1), by the substitution of the following paragraph for paragraph (c):

• “(c) the application form, duly completed and accompanied by the certificate referred to in subsection (2), shall be handed to the relevant official who shall send it or cause it to be sent to the registration authority, and where polling day has been appointed in respect of a particular election or referendum, or both, shall be sent so as to be received by the authority before the dates specified in section 14(2) of the Act of 1992.”.

113. Amendment of section 5 of Act of 2006

113. Section 5 of the Act of 2006 is amended in subsection (1), by the substitution of “The registration authority shall arrange, at least on an annual basis, for the giving of public notice of— ” for “The registration authority shall, within the period of 14 days ending on the qualifying date for registration as an elector, arrange for the giving of public notice of— ”.

114. Amendment of section 6 of Act of 2006

114. Section 6 of the Act of 2006 is amended by the substitution of the following subsection for subsection (6):

• “(6) Where an application to be entered in the postal voters list under section 2 is refused by the registration authority, the applicant may appeal in writing to the county registrar in accordance with Rule 39 of Part VIII of the Second Schedule to the Act of 1992.”.

115. Amendment of Act of 1997

115. The Act of 1997 is amended—

• (a) in section 12—

• (i) in subsection (3)—

• (I) in paragraph (a)(i), by the deletion of “in force”,

• (II) in paragraph (d), by the deletion of “subject to paragraph (e),”, and

• (III) by the deletion of paragraph (e),

• (ii) in subsection (4), by the deletion of “a supplement to”,

• (b) in the Second Schedule—

• (i) in Rule 41, by the insertion of the following definitions:

“ ‘person in charge’ means the owner or operator of the place where the special voter is ordinarily resident or the person under whose direction and control the activities at that place are being conducted;

‘relevant official in the place where the special voter is ordinarily resident’ means the person in charge of the place where the special voter is ordinarily resident or any person authorised by the person in charge who is employed in the place where the special voter is ordinarily resident, but the person shall not be the same person as the person appointed as special presiding officer (if any) under Rule 43(1);”,

• (ii) by the insertion of the following Rule after Rule 47:

“47A. Where a person is entered on the special voters list under section 17 of the Act of 1992 but the place where the special voter is ordinarily resident is not accessible to the special presiding officer and as a consequence the special voter would be unable to vote at the poll at the election in accordance with section 82 of the Act of 1992 the returning officer for the constituency in which the special voter is ordinarily resident shall, as circumstances may require—

• (a) issue a postal vote to that special voter as if that voter was a postal voter entered on the postal voters list under section 14(d) of the Act of 1992 and in that case Part XIII of that Act shall apply, or

• (b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that Part to ‘member of the Garda Síochána’ shall be read as references to ‘relevant official in the place where the special voter is ordinarily resident’.”,

• (iii) in Rule 47A(a) (as inserted by subparagraph (ii)), by the substitution of “section 14(1)(d)” for “section 14(d)”,

and

• (c) in the Second Schedule in paragraph (2) of Rule 60—

• (i) in subparagraph (a), by the deletion of—

(I)“a supplement to”, and

(II)“which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act 1992”,

• (ii) by the substitution of the following subparagraph for subparagraph (b):

• “(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under subparagraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to Rule 60(2)(a).”,

and

• (iii) by the substitution of the following subparagraph for subparagraph (c):

• “(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this paragraph.”.

116. Amendment of Local Elections Regulations 1995

116. The Local Elections Regulations 1995 (S.I. No. 297 of 1995) are amended—

• (a) in Article 14—

• (i) in sub-article (8)—

• (I) in paragraph (a)(i), by the deletion of “in force”,

• (II) in paragraph (d), by the deletion of “subject to paragraph (e),”, and

• (III) by the deletion of paragraph (e),

• (ii) in sub-article (9)(a), by the deletion of “the supplement to”,

• (b) in sub-article (2) of Article 61—

• (i) in subparagraph (a), by the deletion of—

• (I) “a supplement to”, and

• (II) “which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992”,

• (ii) by the substitution of the following paragraph for paragraph (b):

• “(b) Rule 33 (other than paragraphs (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under paragraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to Article 61(2)(a).”,

and

• (iii) by the substitution of the following paragraph for paragraph (c):

• “(c) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this sub-article.”,

• (c) in Article 42, by the insertion of the following definitions:

“ ‘person in charge’ means the owner or operator of the place where the special voter is ordinarily resident or the person under whose direction and control the activities at that place are being conducted;

‘relevant official in the place where the special voter is ordinarily resident’ means the person in charge of the place where the special voter is ordinarily resident or any person authorised by the person in charge who is employed in the place where the special voter is ordinarily resident, but the person shall not be the same person as the person appointed as special presiding officer (if any) under Article 44(1);”,

• (d) by the insertion of the following Article after Article 48:

“48A. Where a person is entered on the special voters list under section 17 of the Act of 1992 but the place where the special voter is ordinarily resident is not accessible to the special presiding officer and as a consequence the special voter would be unable to vote at the poll at the election in accordance with section 82 of the Act of 1992 the returning officer for the constituency in which the special voter is ordinarily resident shall, as circumstances may require—

• (a) issue a postal vote to that special voter as if that voter was a postal voter entered on the postal voters list under section 14(d) of the Act of 1992 and in that case Part XIII of that Act shall apply, or

• (b) apply Part XIV of the Act of 1992 to voting by that special voter with the modification that references in that Part to ‘member of the Garda Síochána’ shall be read as references to ‘relevant official in the place where the special voter is ordinarily resident’.”,

and

• (e) in Article 48A(a) (as inserted by paragraph (d)), by the substitution of “section 14(1)(d)” for “section 14(d)”.

117. Amendment of Act of 1994

117. The Act of 1994 is amended—

• (a) in subsection (2) of section 29, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and

• (b) in subsection (1A) of section 31—

• (i) in paragraph (a), by the deletion of—

• (I) “a supplement to”, and

• (II) “which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act, 1992”,

• (ii) by the substitution of the following paragraph for paragraph (c):

• “(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under paragraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to section 31(1A)(a).”,

and

• (iii) by the substitution of the following paragraph for paragraph (d):

• “(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.

118. Amendment of Act of 1993

118. The Act of 1993 is amended—

• (a) in subsection (2) of section 41, by the substitution of “sections 78 and 80 to 84A” for “sections 78 and 80 to 84”, and

• (b) in subsection (1A) of section 43—

• (i) in paragraph (a), by the deletion of—

• (I) “a supplement to”,

• (II) “which the registration authority is empowered to prepare and publish in accordance with section 15A of the Electoral Act 1992 ”,

• (ii) by the substitution of the following paragraph for paragraph (c):

• “(c) Rule 33 (other than paragraph (6) and (7)) and Rule 34(1) and (2) of Part VI of the Second Schedule to the Act of 1992 shall apply to an application to be entered in the postal voters list under paragraph (a) as if references to section 14 and to section 14(a), (b) or (c) were references to section 43(1A)(a).”,

and

• (iii) by the substitution of the following paragraph for paragraph (d):

• “(d) Subsection (2) of section 14 of the Act of 1992 shall not apply to an application under this subsection.”.

PART 4 Regulation of online political advertising

119. Interpretation

119. F13[…]

120. Application of Part

120. F14[…]

121. Public information requirements for online political advertisements

121. F15[…]

122. Obligations on online platforms regarding online political advertisements

122. F16[…]

123. Identification and verification of buyers

123. F17[…]

124. Obligations on buyers regarding online political advertisements

124. F18[…]

125. Online political advertisements commissioned from outside the State

125. F19[…]

126. Exemptions from public information requirements

126. F20[…]

127. Functions of the Commission

127. F21[…]

128. Appointment of authorised officers

128. F22[…]

129. Monitoring compliance for the purposes of this Part

129. F23[…]

130. Investigations

130. F24[…]

131. Compliance notice

131. F25[…]

132. Appeal to District Court from compliance notice

132. F26[…]

133. Directions

133. F27[…]

134. Appeal to Board from direction

134. F28[…]

135. Judicial review

135. F29[…]

136. Requirement on online platform and buyer of online political advertisement to retain records, information and documentation

136. F30[…]

137. Powers of authorised officers

137. F31[…]

138. Power of Commission to obtain information from online platform and buyer of online political advertisement

138. F32[…]

139. Power of Commission to request information from other persons

139. F33[…]

140. Offences and penalties

140. F34[…]

141. Online platform liable for acts of third parties engaged by it to carry out its obligations under this Part

141. F35[…]

142. Service of documents

142. F36[…]

143. Review of Part 4

143. F37[…]

PART 5 Regulation of electoral process information, online electoral information and manipulative or inauthentic behaviour

Chapter 1 Preliminary

144. Definitions (Part 5)

144. In this Part—

“authorised officer” shall be construed in accordance with section 128 ;

“bot” means an automated online account, software programme or process where all or substantially all of the actions or posts of the account, programme or process are not the result of a person;

“disinformation”, for the purposes of this Act, means any false or misleading online electoral information that—

• (a) may cause public harm, and

• (b) by reason of the nature and character of its content, context or any other relevant circumstance gives rise to the inference that it was created or disseminated in order to deceive;

“election campaign period” means—

• (a) such period (including an electoral period) as may be prescribed by the Commission, by order, from time to time and in relation to any election or referendum, commencing on a date before an impending election or referendum and ending on polling day at the time at which the polls close, which dates shall be set out in a notice published by the Commission, in such manner as it thinks fit, not less than 7 days before the earlier date,

• (b) the period commencing 3 months prior to the latest date when an election is required by law to be held and ending when the electoral period ends, or

• (c) where paragraphs (a) and (b) do not apply, the electoral period;

“electoral period” means the period of time commencing on the day of the making of a polling day order and ending on polling day;

“look-alike targeting” means the use of data from an existing online audience to identify other persons who have similar characteristics or are engaged in similar activities on an online platform;

“manipulative or inauthentic behaviour” means tactics, techniques and procedures that—

• (a) constitute the deceptive use of services or features provided by an online platform, including user conduct having the object of artificially amplifying the reach or perceived public support of particular content,

• (b) are likely to influence the information visible to other users of that platform,

• (c) by reason of their nature and character, context or any other relevant circumstance, give rise to the inference that they are intended to result in the dissemination, publication or increased circulation of false or misleading online electoral information, and

• (d) may cause public harm.

“micro-targeting” means a targeting method involving the use of data analysis techniques, tools or other methods to address, transmit or communicate a tailored online political advertisement either to a specific person or group of persons or to increase the circulation, reach or visibility of an online political advertisement;

“misinformation”, for the purposes of this Act, means any false or misleading online electoral process information that may cause public harm, whether or not the information was created or disseminated with knowledge of its falsity or misleading nature or with any intention to cause such harm;

“online electoral information” means—

• (a) any online electoral process information, or

• (b) any online content relating to—

• (i) a candidate in an election,

• (ii) a political party that has candidates standing in an election,

• (iii) issues that are of relevance to an election, or

• (iv) issues that are of relevance to a referendum;

“online electoral process information” means online content of a factual nature relating to the holding of an election or referendum including but not limited to the registration of voters or candidates, voting times and locations, arrangements for postal voting, the secrecy of the ballot, the counting of votes and any other factual content relating to the holding of a particular election or referendum or to elections or referendums more generally;

“online platform” means any host, operator or provider of a website, web application or digital application accessible to the general public or a section of the public where the website, web application or digital application—

• (a) has at least 100,000 unique monthly users in the State for a period of not less than 7 months during the 12 months immediately preceding the date of the making of a polling day order, and

• (b) displays any content that has political purposes, including but not limited to online political advertisements;

“online political advertisement” has the meaning assigned to it by Part 4 ;

“political party” has the meaning assigned to it by Part 2 ;

“political purposes” has the meaning assigned to it by section 22(2)(aa) of the Electoral Act 1997;

“polling day order” means an order made by the Minister appointing a day for the holding of a poll which—

• (a) in the case of a Dáil election, is made under section 96(1) of the Act of 1992,

• (b) in the case of a European election, is made under section 10(1) of the Act of 1997,

• (c) in the case of a local election, is made under section 26(2) of the Act of 2001,

• (d) in the case of a presidential election, is made under section 6(1)(c) of the Act of 1993,

• (e) in the case of a referendum, is made under section 10, 11 or 12 of the Act of 1994, or

• (f) in the case of a Seanad election, is made under section 12 of the Seanad Electoral (University Members) Act 1937 and under section 24 of the Seanad Electoral (Panel Members) Act 1947;

“public harm” means any serious threat to the fairness or integrity of an election or referendum;

“recommender system” means a fully or partially automated system used by an online platform to suggest in its online interface specific information to recipients of the service, including as a result of a search initiated by the recipient or otherwise determining the relative order or prominence of information displayed.

145. Online electoral information, disinformation, misinformation and manipulative or inauthentic behaviour functions

145. (1) The Commission shall—

• (a) protect the fairness and integrity of elections and referendums in accordance with this Part.

• (b) monitor, investigate and combat the dissemination of—

• (i) disinformation, and

• (ii) misinformation,

• (c) monitor, investigate, identify and combat manipulative or inauthentic behaviour,

• (d) monitor, investigate and identify trends in respect of—

• (i) disinformation,

• (ii) misinformation, and

• (iii) manipulative or inauthentic behaviour,

• (e) promote public awareness of misinformation, disinformation and manipulative or inauthentic behaviour and it may establish, facilitate or promote educational or information programmes for the purpose of the performance of its functions under this Part.

• (2) Without prejudice to section 16 , the Commission may engage any person to assist it in the performance of its functions under subsection (1) and, for that purpose, it may do any or all of the following:

• (a) enter into a contract with any person on such terms and conditions and for such period as the Commission considers appropriate;

• (b) pay out of the funds at its disposal, to any person referred to in paragraph (a), such fees (if any) or allowances for expenses (if any) incurred by the person as the Commission may determine.

146. Establishment and role of Advisory Board

146. (1) The Commission shall establish an online electoral information advisory board (to be known as “the Advisory Board”).

• (2) The Advisory Board shall, on request and, if appropriate, by its own motion, provide advice to the Commission on—

• (a) the nature and effect of disinformation and misinformation, and

• (b) where practicable, on the use by the Commission of its powers under this Part.

• (3) The Advisory Board shall comprise not more than 6 persons, to be appointed by the Commission, and each of whom shall have expertise in all or any of the following—

• (a) electoral processes (including referendums) in the State,

• (b) promoting fairness and integrity in elections and referendums, or

• (c) the use of information technology and online dissemination of information in the context of elections and referendums.

• (4) The Minister may, with the consent of the Minister for Public Expenditure and Reform, determine the remuneration and expenses, if any, payable to a member of the Advisory Board under this section.

• (5) The remuneration and allowances for expenses, if any, determined in accordance with subsection (4) shall be payable by the Commission out of funds at its disposal to a member of the Advisory Board.

147. Establishment and role of stakeholder council

147. (1) The Commission shall, from time to time, establish a stakeholder council to provide advice and opinions to the Commission generally and in relation to the preparation and use of codes of conduct under Chapter 5.

• (2) The stakeholder council shall comprise not more than 15 persons, to be appointed by the Commission, the composition of which shall reflect the views of members of the Oireachtas as well as those of print, broadcast and online media.

Chapter 2 Obligations on online platform

148. Obligation on online platform to provide information to Commission

148. (1) Where, during an election campaign period, an online platform is satisfied from information of which it is aware, including by way of a notification received by way of a mechanism set up under section 149 , that—

• (a) its services may be being used for the purposes of disinformation,

• (b) there may be misinformation on its services, or

• (c) there may be manipulative or inauthentic behaviour on its services,

the online platform shall, without undue delay, notify the Commission of such disinformation, misinformation or manipulative or inauthentic behaviour.

• (2) Without prejudice to subsection (1), an online platform with over 1 million unique monthly users in the State shall, as early as possible in an election campaign period, prepare and transmit a report to the Commission specifying any significant risks to the fairness or integrity of an election or referendum posed by disinformation, misinformation, or manipulative or inauthentic behaviour on its services.

• (3) The report referred to at subsection (2) shall include information concerning—

• (a) the prevalence of relevant misinformation and disinformation on the services provided by the online platform, including notifications received under section 149 ,

• (b) the prevalence of manipulative or inauthentic behaviour on the online platform’s service, including notifications received under section 149 ,

• (c) the prevalence of micro-targeting or look-alike targeting on the services provided by the online platform, and

• (d) significant risks posed by the operation of any recommender system employed by the online platform to distribute and promote content.

• (4) The information provided in the report referred to at subsection (2) shall include non-technical summaries of the matters referred to in subsection (3).

• (5) The Commission shall monitor the compliance of online platforms with the requirements of this provision.

149. Obligation on online platform in relation to notification mechanism

149. (1) An online platform shall put mechanisms in place to allow any individual, entity or person to notify it of the presence on the platform of information that the individual or entity considers to be—

• (a) disinformation, or

• (b) misinformation.

• (2) An online platform shall put mechanisms in place to allow any individual, entity or person to notify it of the presence on their service of specific activities or behaviours in respect of online electoral information that the individual or entity considers may amount to manipulative or inauthentic behaviour.

• (3) The mechanisms provided for under subsections (1) and (2) shall be accessible, user-friendly and shall allow for the submission of notifications referred to in those subsections exclusively by electronic means.

• (4) An online platform shall, without undue delay, assess, process and determine the validity of the concerns raised by notices received under subsection (1) or (2).

• (5) An online platform shall maintain a record of all notifications received under subsection (1) or (2) and the outcome of the determination referred to at subsection (4) for a period of 2 years following the end of the electoral period concerned.

• (6) An online platform shall make the record referred to at subsection (5) available to the Commission for inspection on reasonable notice.

Chapter 3 Powers of Commission

150. Monitoring, and investigation, of online electoral information

150. (1) The Commission may, for the purpose of performing its functions under this Part, monitor online electoral information.

• (2) Where the Commission reasonably believes that any online electoral information may—

• (a) constitute disinformation,

• (b) constitute misinformation, or

• (c) involve manipulative or inauthentic behaviour, including the use of undisclosed bots,

the Commission, or a member of staff of the Commission, may examine or investigate or appoint an authorised officer to examine or investigate, any such matter and the authorised officer or member of staff shall, following its investigation, furnish a report to the Commission.

• (3) The Commission, or member of staff of the Commission, may make such inquiries as it considers appropriate or direct an authorised officer to make such inquiries, and the Commission, member of staff of the Commission or authorised officer, may require any person to furnish without delay any information, document or thing in the possession or procurement of that person that the Commission, member of staff of the Commission or authorised officer may require for the purposes of an investigation.

• (4) The powers of an authorised officer conferred on him or her by or under section 137(1) to (9) shall apply, in like manner and with all necessary modifications, to an authorised officer appointed under subsection (2) or to the Commission, or member of staff of the Commission.

• (5) The procedures set out in section 130(3) to (6) shall, with all necessary modifications, apply to the performance of functions under this Part, by an authorised officer appointed under subsection (1) or by the Commission, or member of staff of the Commission.

• (6) Where an authorised officer or a member of staff of the Commission furnishes a report to the Commission in respect of the matters referred to in subsection (1), the Commission shall consider that report and any submissions or recommendations made by the authorised officer or such member.

• (7) Where the Commission considers it appropriate, the Commission may invite any person to make any submissions in writing to the Commission within the period specified by the Commission.

• (8) Following the Commission’s consideration of the report referred to in subsection (6) and any submissions referred to in subsections (6) and (7), the Commission may—

• (a) take no further action,

• (b) if it is satisfied that a contravention is taking place or has taken place, exercise any of the powers available to it under sections 153 to 157 with respect to any person whom the Commission considers is contravening or has contravened any provision of this Part,

• (c) prepare and publish a report of its investigation into the matter, or

• (d) if it is satisfied that a contravention is taking or has taken place, prosecute any offence that may have been committed in accordance with section 169 .

151. Delegation of powers of Commission to chief executive

151. (1) Subject to this section, the Commission may, by order, delegate the exercise of such of its powers under section 153 , 154 , 155 , 156 or 157 as the Commission considers appropriate to the chief executive or to another member of the Commission and the chief executive or other member of the Commission shall perform such duties as are appropriate to the powers so delegated and shall for that purpose act in place of the Commission.

• (2) Where a delegation is made under subsection (1) —

• (a) the chief executive or other member of the Commission shall exercise the delegated power under the general direction and control of the Commission,

• (b) the chief executive or other member of the Commission shall exercise the delegated power in accordance with such (if any) limitations as may be specified in the delegation as to the period in which or the extent to which he or she is to exercise that power, and

• (c) a provision referred to in subsection (1) under which powers are vested in the Commission or which regulates the manner in which any such power is to be exercised shall, if and in so far as it is applicable to the delegated power, have effect, for the purposes of the exercise of the power by the chief executive or other member of staff of the Commission, with the substitution of the chief executive or other member of staff of the Commission for the Commission and every such provision shall be read accordingly.

• (3) Where the exercise of a power is delegated under this section, the power shall continue to be vested in the Commission but shall be so vested concurrently with the chief executive or other member of the Commission to whom it is delegated so as to be capable of being exercised by either the Commission or the chief executive or other member of the Commission concerned.

• (4) The Commission may, by order, amend or revoke a delegation made under this section.

• (5) The Commission may, at any time, furnish any materials or information arising from an investigation under section 150 , including any report, to the chief executive or other member of staff of the Commission to whom the exercise of a power has been delegated under subsection (1) where the Commission considers that the information may be necessary in order to allow the proper exercise of the powers concerned.

152. Exercise of powers of Commission

152. (1) The Commission shall only exercise its powers under sections 153 , 154 , 155 , 156 , 157 or 158 where the Commission is satisfied that it is in the public interest to do so, having regard to all the circumstances including the rights of any person whom the Commission considers may be affected by the exercise of such powers.

• (2) Without prejudice to subsection (1), the Commission shall, in considering the exercise of its powers under sections 153 , 154 , 155 , 156 , 157 or 158 give due weight to the following matters:

• (a) the right to freedom of expression;

• (b) the right to freedom of association;

• (c) the right to participate in public affairs; and

• (d) the obligation on the State to defend and secure the fairness and integrity of elections and referendums.

• (3) Without prejudice to subsections (1) and (2), the Commission shall, in considering the exercise of its powers under sections 153 , 154 , 155 , 156 , 157 or 158 have regard to the following matters:

• (a) the need to ensure the economic and efficient use of the Commission’s resources;

• (b) the public harm concerned, as it relates to the overall integrity and fairness of the election or referendum;

• (c) any guidelines published under subsection (4).

• (4) The Commission shall prepare and publish guidelines to inform the proper exercise, by the Commission or a person to whom the exercise of a power has been delegated under section 151 , of its powers under this Part.

• (5) Guidelines under subsection (4) may include measures to ensure that the exercise of the Commission’s powers is transparent to the public and in accordance with international best practice and in the public interest.

• (6) Any notice or order issued under section 153 , 154 , 155 , 156 or 157 shall—

• (a) include a statement of reasons for the Commission’s opinion that it is appropriate that such notice or order should be issued,

• (b) specify the time and date by which the person to whom the notice or order is addressed shall comply with the notice or order,

• (c) specify the time and date by which the person to whom a notice or order is addressed shall confirm to the Commission that the notice or order has been complied with,

• (d) state that the person to whom the notice or order is addressed may appeal the notice or order pursuant to section 161 and that such appeal shall be made through the portal on the Commission’s website within a period 5 days from the date on which the notice or order was issued,

• (e) state that if no such appeal is made in accordance with section 161 , that the notice or order shall be treated as not disputed, and

• (f) state that it is an offence not to comply with the notice or order.

• (7) For the avoidance of doubt, the Commission may determine that it is appropriate having regard to all the circumstances to issue more than one notice or order under section 153 , 154 , 155 , 156 or 157 in relation to the same online content or behaviour.

153. Take-down notice

153. (1) Where—

• (a) during an election campaign period, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral information constitutes disinformation, or

• (b) at any time, the Commission is satisfied from the information available, whether obtained through monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral process information constitutes misinformation,

and the Commission is satisfied that the issuing of such a notice is necessary to protect the fairness or integrity of the election or referendum, the Commission may issue a take-down notice requiring any natural or legal person, including any online platform, to remove, within a specified period, the content to which the take-down notice relates.

• (2) A notice under this section shall:

• (a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met;

• (b) include the precise online location of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b) and, where necessary, any additional data enabling the identification of the information;

• (c) contain a statement of the Commission, in compliance with subsection (3), in respect of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b);

• (d) inform the person to whom the notice is addressed that he, she or it shall cause the statement in paragraph (c) to be published at the online location referred to in paragraph (b);

• (e) inform the person to whom the notice is addressed of the right to appeal the notice under section 161 within 5 days from the date on which the notice was issued.

• (3) The statement referred to at subsection (2)(c) shall—

• (a) state that it is a statement required to be published pursuant to a take-down notice issued by the Commission, under which the removal of certain content visible at a precise online location has been required by the Commission pursuant to this section,

• (b) state that this action has been taken because the content previously published at the location constituted disinformation or misinformation,

• (c) contain a summary of the reasons for the Commission’s opinion that it was necessary to require the removal of the information in order to protect the fairness or integrity of the election or referendum, as the case may be, and

• (d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days from the date on which the notice was issued.

154. Correction notice

154. (1) Where—

• (a) during an election campaign period, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral information constitutes disinformation, or

• (b) at any time, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral process information constitutes misinformation,

and the Commission is satisfied that the issuing of such a notice is necessary to protect the fairness or integrity of the election or referendum, he or she may issue a correction notice requiring any natural or legal person to whom it is directed, including any online platform, to communicate to all persons who access the online platform a statement by the Commission under this section.

• (2) A notice under this section shall—

• (a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met,

• (b) include the precise online location of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b) and, where necessary, any additional data enabling the identification of the information,

• (c) contain a statement of the Commission, in compliance with subsection (3), in respect of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b),

• (d) inform the person to whom the notice is addressed that he or she shall cause the statement in paragraph (c) to be published at the online location referred to in paragraph (b),

• (e) inform the person to whom the notice is addressed of the right to appeal the notice under section 161 within 5 days from the date on which the notice was issued.

• (3) The statement referred to in subsection (2)(c) shall—

• (a) state that it is a statement required to be published pursuant to a correction notice issued by the Commission under which the correction of certain content visible at a precise online location has been required by the Commission pursuant to this section,

• (b) state that this action has been taken because the content at the online location constituted disinformation or misinformation,

• (c) contain a summary of the reasons for the Commission’s opinion that the issuing of a correction notice was appropriate in all the circumstances to protect the fairness or integrity of the election or referendum, as the case may be,

• (d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days from the date on which the notice was issued.

• (4) The statement referred to in subsection (2)(c) may also contain any or all of the following:

• (a) a statement setting out in what respects the content was false or misleading;

• (b) a correct statement of information; and

• (c) such further information or statement as the Commission shall deem appropriate, having regard to all the circumstances.

155. Labelling order

155. (1) Where—

• (a) during an election campaign period, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral information may constitute disinformation, or

• (b) at any time, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise of online electoral information or provided by any other person or otherwise, that any online electoral process information may constitute misinformation,

and the Commission is satisfied that the issuing of such an order is appropriate in all the circumstances, the Commission may, pending further investigation by the Commission, issue a labelling order requiring the online platform to state that the subject content is currently being investigated by the Commission pursuant to this Part to determine whether or not it constitutes disinformation or misinformation.

• (2) An order under this section shall:

• (a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met;

• (b) include the precise online location of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b) and, where necessary, any additional data enabling the identification of the information;

• (c) contain a statement of the Commission, in compliance with subsection (3), in respect of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b);

• (d) inform the person to whom the notice is addressed that he, she or it shall cause the statement in paragraph (c) to be published at the online location referred to in paragraph (b);

• (e) inform the person to whom the notice is addressed of the right to appeal the order under section 161 within 5 days from the date on which the notice was issued.

• (3) The statement referred to in subsection (2)(c) shall:

• (a) confirm that it is a statement required to be published pursuant to a labelling order issued by the Commission under this section, where the Commission is of the opinion that the subject statement may contain disinformation or misinformation;

• (b) state that the issuing of the order is not a determination that the content is either disinformation or misinformation;

• (c) contain a summary of the reasons for the Commission’s opinion that the requirements of subsection (1) are met;

• (d) state that a determination as to whether the content is disinformation or misinformation shall be made pending further investigation; and

• (e) state that any natural or legal person directly affected by the order can appeal the order under section 161 within 5 days.

• (4) The order may also contain such further information or statement as the Commission shall deem appropriate having regard to all the circumstances.

• (5) The Commission shall make the determination referred to in subsection (3)(d) and, as soon as reasonably practicable—

• (a) shall give a direction to the person to whom the labelling order was directed informing that person that the labelling order has been revoked, or

• (b) where the determination is that the content is disinformation or misinformation, may, as it considers appropriate, exercise any of its powers under section 153 , 154 or 156 .

• (6) Where the Commission gives a direction referred to in subsection (5)(a), the statement referred to in subsection (2)(c) shall be taken down.

156. Access-blocking order

156. (1) Where—

• (a) during an election campaign period, the Commission is satisfied from information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, in relation to a previously identified online location, that any online electoral information constitutes disinformation,

• (b) at any time, the Commission is satisfied from information available in relation to a previously identified online location, obtained through its monitoring of online electoral information or provided by any other person or otherwise, that any online electoral process information constitutes misinformation, or

• (c) during an election campaign period, the Commission is satisfied from the information available, that bot activity that constitutes manipulative or inauthentic behaviour or the use of an undisclosed bot contrary to section 167 is taking or has taken place at a previously identified online location, and the Commission is satisfied that the issuing of such an order is necessary to protect the fairness or integrity of the election or referendum, the Commission may issue an access-blocking order, for such period as the Commission considers appropriate, requiring any online platform to take reasonable steps to disable access to the online location.

• (2) An order under this section shall:

• (a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met;

• (b) include the precise previously identified online location for the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b);

• (c) contain a statement by the Commission in respect of the previously identified online location;

• (d) inform the person to whom the order is addressed that he or she shall cause the statement in paragraph (c) to be published at the previously identified online location referred to in paragraph (b);

• (e) inform the person to whom the order is addressed of the right to appeal the order under section 161 within 5 days from the date on which the order was issued.

• (3) The statement referred to in subsection (2)(c) shall state clearly—

• (a) that an access-blocking order has been issued pursuant to this section,

• (b) a summary of the reasons why the Commission made the order, and

• (c) such further information as may be specified in guidelines issued under section 152 or deemed necessary or appropriate by the Commission in all the circumstances.

• (4) The order may also contain such further information or statement as the Commission shall deem appropriate having regard to all the circumstances.

• (5) In this section, “previously identified online location” means an online location where 2 or more separate pieces of online content have been the subject of a notice or order under section 153 , 154 , 156 or 157 within the same electoral period, which election period is the same as the election period in respect of which it is proposed to make the access-blocking order.

157. Manipulative or inauthentic behaviour (including undisclosed bot activity) notice

157. (1) Where, during an election campaign period, the Commission is satisfied from the information available that—

• (a) bot activity that constitutes manipulative or inauthentic behaviour or the use of an undisclosed bot contrary to section 167 is taking or has taken place, and

• (b) the issuing of a notice under this subsection is necessary to protect the fairness or integrity of an election or referendum,

the Commission may issue a notice, giving reasons, requiring any online platform to publish a statement informing all users of the manipulative or inauthentic behaviour or the use of an undisclosed bot that is contrary to section 167 .

• (2) The statement required to be published under subsection (1) shall—

• (a) state that the Commission pursuant to this section has issued a notice identifying bot activity that constitutes manipulative or inauthentic behaviour,

• (b) state that this action has been taken because the bot activity threatened the fairness or integrity of an upcoming election or referendum,

• (c) contain the statement of reasons for the Commission’s opinion that it was appropriate to require the publication of the statement in relation to the activity in all the circumstances, and

• (d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days from the date on which the notice was issued.

• (3) Where, during the electoral period, the Commission is satisfied that—

• (a) manipulative or inauthentic behaviour has occurred (including where such behaviour involves the use of bots), and

• (b) the issuing of a notice under this subsection is necessary to protect the fairness or integrity of an election or referendum,

the Commission may issue a notice requiring any online platform to take reasonable steps to prevent or prohibit such behaviour or use.

• (4) A notice under subsection (3) shall—

• (a) state that the Commission, pursuant to this section, has issued a notice requiring the cessation of the behaviour in question because it has been identified as manipulative or inauthentic behaviour,

• (b) state that this action has been taken by the Commission because the identified activity threatened the fairness or integrity of an upcoming election or referendum,

• (c) contain a statement of reasons for the Commission’s opinion that it was appropriate to require any online platform to take reasonable steps to prevent or prohibit such behaviour or use, and

• (d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days.

158. Application to court for order directing compliance with notice or order

158. (1) The Commission may apply to the High Court for an order directing compliance with a notice or order issued under section 153 , 154 , 155 , 156 or 157 .

• (2) An application under subsection (1) may be made in relation to a person outside the State where a notice or order referred to sections 153 , 154 , 155 , 156 or 157 is addressed to that person and relates to anything done or omitted to be done under those sections.

159. Communication with public

159. (1) The Commission may, in such manner it considers appropriate, communicate with the public or any class of the public in relation to misinformation, disinformation or the use of manipulative or inauthentic behaviour.

• (2) The Commission may where it is of the opinion that there is a threat to the fairness or integrity of an election or referendum such that it is in the public interest to draw attention to such threat, communicate with the public in relation to that threat.

• (3) The Commission may, when communicating with the public under subsection (2) specify—

• (a) the nature, source and severity of the threat,

• (b) any actions the Commission proposes to take or consider in relation to it, and

• (c) any recommendations to the public or others in relation to it.

160. Mechanism for public to report disinformation, misinformation and manipulative or inauthentic behaviour

160. The Commission may provide a direct reporting facility on its website to allow members of the public to report—

• (a) suspected instances of disinformation during an electoral period or election campaign period,

• (b) suspected instances of misinformation at any time, or

• (c) suspected manipulative or inauthentic behaviour, including the undisclosed use of bots, during an electoral period or election campaign period.

Chapter 4 Procedural rights

161. Appeal to appeal panel

161. (1) The Commission shall, from time to time, establish an appeal panel which shall be comprised of one or more members of the Commission and shall be independent of the original decision-maker.