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Reform history

Electoral Reform Act 2022

2 versions · 2022-07-25 — 2025-10-10

2025-10-10

IE-2022-act-30 — consolidated version 2025-10-10

View changes Text at this date

2022-07-25

Electoral Reform Act 2022

original version Text at this date

Changes on 2025-10-10

@@ -1,16 +1,14 @@

# Electoral Reform Act 2022

## PART 1 Preliminary and General

##### 1. **Short title, collective citations, construction and commencement**

**1.** (1) This Act may be cited as the Electoral Reform Act 2022.

(2) The Electoral Acts 1992 to 2019 and *sections 6* to *30*, *41* to *59*, *61* to *69*, *72*, *77* to *114* and *173* may be cited together as the Electoral Acts 1992 to 2022 and shall be construed together as one.

(2) The Electoral Acts 1992 to 2019 and sections 6 to 30, 41 to 59, 61 to 69, *72*, *77* to *114* and *173* may be cited together as the Electoral Acts 1992 to 2022 and shall be construed together as one.

(3) The European Parliament Elections Acts 1992 to 2019 and *sections 75*, *115* and *176* may be cited together as the European Parliament Elections Acts 1992 to 2022 and shall be construed together as one.

(4) The Referendum Acts 1992 to 2013 and *sections 31* to *40*, *117* and *174* may be cited together as the Referendum Acts 1992 to 2022 and shall be construed together as one.

(4) The Referendum Acts 1992 to 2013 and sections 31 to 40, *117* and *174* may be cited together as the Referendum Acts 1992 to 2022 and shall be construed together as one.

(5) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions of enactments effected by *section 4*.

@@ -44,7 +42,7 @@

“Dáil election” means an election of a member or members to serve in the Dáil, and includes a Dáil bye-election;

“election” means, as the context may require, a Dáil election, a European election, a local election, a presidential election or a Seanad election;

“election” means, as the context may require, a Dáil election, a European election, a local election, a presidential election F1[, a Seanad election or a Limerick mayoral election;]

“enactment” has the same meaning as it has in the Interpretation Act 2005;

@@ -56,8 +54,12 @@

“local election” means an election under Part 4 of the Act of 2001;

F2[“Limerick mayoral election”means an election, including a mayoral by-election, held in accordance with Part 1 ofSchedule 2to theLocal Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;]

“Minister” means the Minister for Housing, Local Government and Heritage;

“F2[plebiscite”means a plebiscite held underPart 6of theLocal Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;]

“political party” means a political party registered in the Register of Political Parties in accordance with *Chapter 6* of *Part 2*;

“presidential election” means an election of a person to the office of President of Ireland;

@@ -66,11 +68,11 @@

“referendum” means a constitutional referendum or an ordinary referendum;

“Regulation (EU, Euratom) No. 1141/2014” means Regulation (EU, Euratom) No. 1141/2014 of the European Parliament and of the Council of 22 October 2014[^1] on the statute and funding of European political parties and European political foundations, as amended by—

(a) Regulation (EU, Euratom) 2018/673 of the European Parliament and of the Council of 3 May 2018[^2] amending Regulation (EU, Euratom) No. 1141/2014 on the statute and funding of European political parties and European political foundations, and

(b) Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council of 25 March 2019[^3] amending Regulation (EU, Euratom) No. 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament;

“Regulation (EU, Euratom) No. 1141/2014” means Regulation (EU, Euratom) No. 1141/2014 of the European Parliament and of the Council of 22 October 2014^1 on the statute and funding of European political parties and European political foundations, as amended by—

(a) Regulation (EU, Euratom) 2018/673 of the European Parliament and of the Council of 3 May 2018^2 amending Regulation (EU, Euratom) No. 1141/2014 on the statute and funding of European political parties and European political foundations, and

(b) Regulation (EU, Euratom) 2019/493 of the European Parliament and of the Council of 25 March 2019^3 amending Regulation (EU, Euratom) No. 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament;

“Seanad bye-election” means an election of a member of Seanad Éireann to fill a vacancy occasioned by the death, resignation or disqualification of an elected member of Seanad Éireann;

@@ -120,9 +122,9 @@

## PART 2 Electoral Commission

### Chapter 1 *Definitions*

##### 6. **Definitions (*Part 2*)**

### Chapter 1

##### 6. **Definitions (Part 2)**

**6.** In this Part—

@@ -138,7 +140,7 @@

“constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency;

“electoral register”—

“electoral register” —

(a) means the register of presidential electors, the register of Dáil electors, the register of European electors, the register of local government electors or all such registers as the context may require, and

@@ -182,7 +184,7 @@

“third party” has the meaning assigned to it by section 22(2)(aa) of the Electoral Act 1997.

### Chapter 2 *Establishment of Commission*

### Chapter 2

##### 7. **Establishment day**

@@ -214,7 +216,7 @@

(5) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Commission by any person generally or specially authorised by the Commission to act in that behalf.

### Chapter 3 *Governance arrangements for Commission*

### Chapter 3

##### 9. **Membership of Commission**

@@ -670,7 +672,7 @@

**29.** The Central Statistics Office and Ordnance Survey Ireland shall, on a request in that behalf by the Commission, provide free of charge to the Commission such assistance as the Commission may reasonably require for the purpose of the performance of its functions.

### Chapter 4 *Functions of Commission*

### Chapter 4

##### 30. **Functions of Commission**

@@ -698,7 +700,7 @@

(3) The Commission shall, subject to this Act, be independent in the performance of its functions.

### Chapter 5 *Referendum functions*

### Chapter 5

##### 31. **Referendum functions of Commission**

@@ -720,7 +722,7 @@

##### 32. **Advertisements etc. by Commission**

**32.** (1) Section 41(3) of the Broadcasting Act 2009 shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in *section 31* concerning a referendum.

**32.** (1) F3[Section 46M(2)(a)] of the Broadcasting Act 2009 shall not apply to advertisements broadcast at the request of the Commission in relation to a matter referred to in *section 31* concerning a referendum.

(2) The Minister for the Environment, Climate and Communications, if so requested by the Commission following consultation by the Commission with Radio Teilifís Éireann (in this section referred to as “RTE”) and Teilifís na Gaeilge (in this section referred to as “TG4”) and consideration of any proposals of RTE and TG4 for broadcasts in connection with the referendum that RTE and TG4 communicate to the Commission, shall direct RTE and TG4, in writing, to allocate broadcasting time to facilitate the Commission in performing its functions, and RTE and TG4 shall comply with a direction under this subsection.

@@ -832,7 +834,7 @@

(3) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

### Chapter 6 *Registration of political parties functions*

### Chapter 6

##### 41. **Registrar of political parties**

@@ -858,7 +860,9 @@

(b) a European election;

F4[(c) a local election;]

F5[(d) a Limerick mayoral election.]

(2) An application for registration under this section shall be in writing in such form as shall be specified by the Registrar and shall contain such particulars as shall be specified in the form.

@@ -892,7 +896,15 @@

(ii) the party has at least one member who, at the time the application for registration is made, is a member of Dáil Éireann or is a representative in the European Parliament (whether by reason of his or her having been elected as such a representative in the State or having been nominated as a replacement candidate under the Act of 1997) and who certifies in writing to the Registrar that he or she is a member of the party, or

(iii) in the case of a party which applies for registration as a party organised to contest a local election only, it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he or she is a member of the party,

F6[(iii) in the case of a party which applies for registration as a party organised to contest—

(I) a local election only,

(II) a Limerick mayoral election only, or

(III) both a local election and a Limerick mayoral election,

it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he or she is a member of the party,]

and

@@ -1020,7 +1032,9 @@

(b) in the case of a European election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a European election, after the date of the making of the order of the Minister under section 10(1) of the Act of 1997,

(c) in the case of a local election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a local election, after the date of the making of the order of the Minister under section 26(2) of the Act of 2001.

F8[(d) in the case of a Limerick mayoral election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Limerick mayoral election, after the date of the making of the order of the Minister under paragraph 6 ofSchedule 2to theLocal Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

(6) The Board shall determine an appeal under this section without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

@@ -1060,7 +1074,7 @@

**55.** Not later than the third day (disregarding any excluded day) after the day of the issuing under section 39 of the Act of 1992 of the writ or writs at a Dáil election, the Registrar shall send to the returning officer or each returning officer, as the case may be, a copy of the Register of Political Parties then in force, including a copy of any emblems of political parties registered in it.

### Chapter 7 *Dáil and European Parliament constituency review functions*

### Chapter 7

##### 56. **Constituency reviews**

@@ -1160,13 +1174,13 @@

(6) The Commission shall consider every submission made to it in accordance with a public notice referred to in *subsection (1)*.

### Chapter 8 *Local electoral area boundary review functions*

### Chapter 8

##### 60. **Amendment of section 32 of Act of 1991**

**60.** Section 32 of the Act of 1991 is amended by the substitution of the following subsection for subsection (2):

“(2) (a) Before deciding whether to make an order under section 23 of the Local Government Act 2001 in relation to a local electoral boundary the Minister shall request *An Coimisiún Toghcháin* to prepare a report, in accordance with *sections 61* to *63* of the *Electoral Reform Act 2022*, in relation to the boundary concerned.

“(2) (a) Before deciding whether to make an order under section 23 of the Local Government Act 2001 in relation to a local electoral boundary the Minister shall request *An Coimisiún Toghcháin* to prepare a report, in accordance with sections 61 to 63 of the Electoral Reform Act 2022, in relation to the boundary concerned.

(b) *An Coimisiún* shall, if so requested, prepare and furnish to the Minister a report in writing which shall include its recommendations and the Minister shall publish the report and shall have regard to it when deciding whether or not to make the order.”.

@@ -1200,7 +1214,7 @@

(4) Any submissions received by the Commission under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in accordance with the public notice referred to in *subsection (1)*.

### Chapter 9 *Research, advisory and voter education functions*

### Chapter 9

##### 64. **Research function of Commission**

@@ -1244,7 +1258,11 @@

(e) a local election;

(f) a referendum.

F9[(f) a referendum;]

F10[(g) a Limerick mayoral election;

(h) a plebiscite.]

##### 68. **Post electoral event reviews**

@@ -1262,9 +1280,11 @@

(d) rules 50, 56, 59, 61, 64 and 67 of the Second Schedule to the Act of 1997;

(e) articles 51, 57, 62, 65 and 74 of the Local Elections Regulations, 1995.

### Chapter 10 *Oversight of electoral register*

F11[(e) articles 51, 57, 62, 65 and 74 of the Local Elections Regulations 1995;]

F12[(f) paragraphs 37 and 42 of theSchedule 2to theLocal Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

### Chapter 10

##### 69. **Oversight of electoral register**

@@ -1300,17 +1320,17 @@

(b) “registration authority” means a county council, a city council or a city and county council.

### Chapter 11 *Amendments to other enactments*

### Chapter 11

##### 70. **Amendment of Broadcasting Act 2009**

**70.** The Broadcasting Act 2009 is amended—

(a) in section 41(6), by the substitution of “broadcast at the request of *An Coimisiún Toghcháin* in relation to a matter referred to in *section 31* of the *Electoral Reform Act 2022*” for “broadcast at the request of the Referendum Commission in relation to a matter referred to in section 3 of the Act of 1998”,

(b) by the substitution, in section 106(4), of “*An Coimisiún Toghcháin*” for “the Referendum Commission” in each place it occurs, and

(c) by the substitution, in section 127(8), of “*An Coimisiún Toghcháin*” for “the Referendum Commission” in each place it occurs.

(a) in section 41(6), by the substitution of “broadcast at the request of *An Coimisiún Toghcháin* in relation to a matter referred to in *section 31* of the *Electoral Reform Act 2022* ” for “broadcast at the request of the Referendum Commission in relation to a matter referred to in section 3 of the Act of 1998”,

(b) by the substitution, in section 106(4), of “*An Coimisiún Toghcháin* ” for “the Referendum Commission” in each place it occurs, and

(c) by the substitution, in section 127(8), of “*An Coimisiún Toghcháin* ” for “the Referendum Commission” in each place it occurs.

##### 71. **Amendment of Data Protection Act 2018**

@@ -1334,37 +1354,37 @@

**72.** The Act of 1992 is amended—

(a) in section 46(4), by the substitution of “*section 47(d)* of the *Electoral Reform Act 2022*” for “section 25(7)(d)”,

(b) in section 46(10), by the substitution of “*section 55* of the *Electoral Reform Act 2022*” for “section 25C(7)”,

(c) in section 62(2)(g), by the substitution of “*section 55* of the *Electoral Reform Act 2022*” for “subsection (7) of section 25C”,

(d) in section 63(1)(b)(vi), by the substitution of “*section 54* of the *Electoral Reform Act 2022*” for “subsection (7) of section 25C”, and

(a) in section 46(4), by the substitution of “ *section 47(d)* of the *Electoral Reform Act 2022* ” for “section 25(7)(d)”,

(b) in section 46(10), by the substitution of “ *section 55* of the *Electoral Reform Act 2022* ” for “section 25C(7)”,

(c) in section 62(2)(g), by the substitution of “ *section 55* of the *Electoral Reform Act 2022* ” for “subsection (7) of section 25C”,

(d) in section 63(1)(b)(vi), by the substitution of “ *section 54* of the *Electoral Reform Act 2022* ” for “subsection (7) of section 25C”, and

(e) in section 107(1), by the deletion of “(disregarding any excluded day)”.

##### 73. **Amendment of Houses of the Oireachtas Commission Act 2003**

**73.** The Houses of the Oireachtas Commission Act 2003 is amended, in section 14C(4)(b)(v), by the deletion of “or as the Registrar of Political Parties under section 25 of the Electoral Act 1992”.

##### 74. **Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999**

**74.** The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended, in section 19A, in the definition of “third party”, by the substitution of “the Register of Political Parties under *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022*” for “the Register of Political Parties under Part III of the Act of 1992”.

**74.** The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended, in section 19A, in the definition of “third party”, by the substitution of “the Register of Political Parties under *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022* ” for “the Register of Political Parties under Part III of the Act of 1992”.

##### 75. **Amendment of Act of 1997**

**75.** The Act of 1997 is amended, in Rule 5(3)(a) of the Second Schedule, by the substitution of “*section 47(d)* of the *Electoral Reform Act 2022*” for “section 25(7)(d) of the Act of 1992”.

**75.** The Act of 1997 is amended, in Rule 5(3)(a) of the Second Schedule, by the substitution of “ *section 47(d)* of the *Electoral Reform Act 2022* ” for “section 25(7)(d) of the Act of 1992”.

##### 76. **Amendment of Local Elections Regulations 1995**

**76.** Article 14(5) of the Local Elections Regulations 1995 is amended by the substitution of “*section 47(d)* of the *Electoral Reform Act 2022*” for “section 25(7)(d) of the Act of 1992”.

**76.** Article 14(5) of the Local Elections Regulations 1995 is amended by the substitution of “ *section 47(d)* of the *Electoral Reform Act 2022* ” for “section 25(7)(d) of the Act of 1992”.

##### 77. **Amendment of Electoral Act 1997**

**77.** The Electoral Act 1997 is amended—

(a) in section 2, in the definition of “political party”, by the substitution of “in accordance with *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022*” for “in accordance with section 25 of the Act of 1992”,

(a) in section 2, in the definition of “political party”, by the substitution of “in accordance with *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022* ” for “in accordance with section 25 of the Act of 1992”,

(b) in section 16, by the substitution of the following paragraph for paragraph (a)—

@@ -1372,7 +1392,7 @@

(c) in section 22(2)(aa), in the definition of “third party”, by the substitution of “the Register of Political Parties under *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022*,” for “the Register of Political Parties under Part III of the Electoral Act 1992,”, and

(d) in section 46(1), in the definition of “third party”, by the substitution of “in accordance with *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022*” for “in accordance with section 25 of the Act of 1992”.

(d) in section 46(1), in the definition of “third party”, by the substitution of “in accordance with *Chapter 6* of *Part 2* of the *Electoral Reform Act 2022* ” for “in accordance with section 25 of the Act of 1992”.

##### 78. **Amendment of Taxes Consolidation Act 1997**

@@ -1382,7 +1402,7 @@

## PART 3 Franchise and registration of electors

### Chapter 1 *Amendments to Act of 1992*

### Chapter 1

##### 79. **Amendment of section 6 of Act of 1992**

@@ -1390,11 +1410,11 @@

(a) by the insertion of the following definitions:

“‘anonymous elector’ has the meaning assigned to it by section 15E(1);

“ ‘anonymous elector’ has the meaning assigned to it by section 15E(1);

‘closing date’ shall be construed in accordance with Rule 1(2) of Part I of the Second Schedule;

‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^4] on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^4 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

‘Designated Registration Authority’ has the meaning assigned to it by section 13B(1);

@@ -1410,23 +1430,23 @@

(i) the substitution of the following definition for the definition of “the county registrar”:

“‘county registrar’ means a person appointed to be a county registrar under section 35 of the Court Officers Act 1926 including any deputy for a county registrar for the time appointed under section 40 of that Act or a person who, under section 9(1)(b) of the Court Officers Act 1945, is required and authorised to perform any of the duties of any other county registrar, and who carries out the functions conferred on him or her by this Part in respect of the administrative area of a particular county council, a city council or a city and county council or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of Part IV of the Second Schedule;”,

“ ‘county registrar’ means a person appointed to be a county registrar under section 35 of the Court Officers Act 1926 including any deputy for a county registrar for the time appointed under section 40 of that Act or a person who, under section 9(1)(b) of the Court Officers Act 1945, is required and authorised to perform any of the duties of any other county registrar, and who carries out the functions conferred on him or her by this Part in respect of the administrative area of a particular county council, a city council or a city and county council or other area coterminous with or contained in a registration area or a person appointed or designated under Rule 24 of Part IV of the Second Schedule;”,

(ii) the substitution of the following definition for the definition of “local authority”:

“‘local authority’ has the meaning assigned to it by section 2 of the Local Government Act 2001;”,

“ ‘local authority’ has the meaning assigned to it by section 2 of the Local Government Act 2001;”,

(iii) the substitution of the following definition for the definition of “the register”:

“‘the register’ means the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors or all such registers as the case may require and, where the context so requires, includes the postal voters list and the special voters list;”,

“ ‘the register’ means the register of presidential electors or the register of Dáil electors or the register of European electors or the register of local government electors or all such registers as the case may require and, where the context so requires, includes the postal voters list and the special voters list;”,

(iv) the substitution of the following definition for the definition of “registration area”:

“‘registration area’ means the administrative area (within the meaning of section 2 of the Local Government Act 2001) of a county council, a city council or a city and county council;”,

“ ‘registration area’ means the administrative area (within the meaning of section 2 of the Local Government Act 2001) of a county council, a city council or a city and county council;”,

(v) the substitution of the following definition for the definition of “registration authority”:

“‘registration authority’ means a county council, a city council or a city and county council;”,

“ ‘registration authority’ means a county council, a city council or a city and county council;”,

and

@@ -1538,11 +1558,11 @@

(a) in subsection (1), by the insertion of the following definition:

“‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

“ ‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010;”,

(b) in subsection (2), by the deletion of—

(i) “within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010”, and

(i) “within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ”, and

(ii) “on the qualifying date”,

@@ -1988,7 +2008,7 @@

**102.** Section 78 of the Act of 1992 is amended by the insertion of the following definitions:

“‘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 section 80(1);

“ ‘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 section 80(1);

‘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;”.

@@ -2674,7 +2694,7 @@

(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*

### Chapter 2

##### 107. **Amendment of section 63 of Electoral Act 1997**

@@ -2696,7 +2716,7 @@

##### 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—”.

**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**

@@ -2708,7 +2728,7 @@

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

### Chapter 3 *Amendments to other enactments*

### Chapter 3

##### 111. **Amendment of section 2 of Act of 2006**

@@ -2724,7 +2744,7 @@

##### 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—”.

**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**

@@ -2752,7 +2772,7 @@

(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;

“ ‘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);”,

@@ -2822,7 +2842,7 @@

“ ‘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;

@@ -2874,7 +2894,7 @@

(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) “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):

@@ -2890,35 +2910,175 @@

##### 119. **Interpretation**

**119.** (1) In this Part—

**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

##### 144. **Definitions (Part 5)**

**144.** In this Part—

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

“Board” means the members of the Commission referred to in *section 9(1)*;

“buyer of online political advertisement” means a person who purchases an online political advertisement, or a person on whose behalf an online political advertisement is purchased, for placement, display, promotion or dissemination on an online platform, and unless the context otherwise requires includes a person acting for or on behalf of a buyer (or any intermediary however described);

“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act;

“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

“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 a targeting method involving the use of data from an existing online audience and which applies the use of data analysis techniques, tools or other methods to identify new persons who have similar characteristics or are engaged in similar activities on an online platform;

“Member State” means a Member State of the European Union;

“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;

“online archive or library” shall be construed in accordance with *section 121(5)*;

“online platform” means any host, operator or provider of a website, web application, digital application or other seller of an online political advertisement accessible to the general public or a section of the public that—

(a) has not less than 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) receives payment or payment in kind for the placement, display, promotion or dissemination of an online political advertisement on the provider’s website, web application or digital application;

“online political advertisement” means any form of communication in a digital format for political purposes purchased for placement, display, promotion or dissemination on an online platform during an electoral period and for which a payment or payment in kind is made to the online platform concerned;

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

“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—

@@ -2930,2380 +3090,1492 @@

(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 or section 12 of the Act of 1994, or

(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;

“regulated financial service provider” shall have the meaning assigned to it by section 2(1) of the Central Bank Act 1942;

“seller of an online political advertisement” means a person who receives payment or payment in kind in return for the placement, display, promotion or dissemination of an online political advertisement;

“transparency notice” shall be construed in accordance with *section 121(2)*.

(2) For the purposes of this Part, a company shall be deemed to be resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be resident at its principal office or place of business.

##### 120. **Application of Part**

**120.** This Part applies to the purchase for placement, display, promotion or dissemination, directly or indirectly including through an intermediary, of an online political advertisement during an electoral period.

##### 121. **Public information requirements for online political advertisements**

**121.** (1) An online platform shall ensure that an online political advertisement shall—

(a) be labelled with the text “Political Advert” in a conspicuous position where the user will easily see it or be made aware of it, and

(b) include a button, icon, tab, hyperlink or other connection which shall connect the user of the online platform to a transparency notice which is clearly displayed on the online platform placing, displaying, promoting or disseminating that advertisement.

(2) A transparency notice shall be a notice that shall include but shall not be limited to—

(a) the name, postal address, telephone number, email address and, where applicable, the website address of the buyer of the online political advertisement and, where the buyer of the online political advertisement is not the person who has paid or will pay for the advertisement, shall include the same information with respect to the person who has paid or will pay for the advertisement,

(b) confirmation of whether micro-targeting was applied in the placement, display, promotion or dissemination of the online political advertisement and, if so, a description of the criteria or information, and the source of the information, used as the basis for any such micro-targeting and providing a link or connection to the online platform’s policy, if any, on micro-targeting,

(c) confirmation of whether the particular audience at whom the buyer of the online political advertisement intends the advertisement to be directed includes persons included on the basis of the application of look-alike targeting and, if so, a description of the characteristics of, or the activities engaged in by, the particular audience and the source of the information used to identify that particular audience and providing a link or connection to the online platform’s policy, if any, on look-alike targeting,

(d) the total amount paid or due to be paid for the online political advertisement which shall be the aggregate of the amounts paid or due to be paid for the production of the content of the advertisement by, for or on behalf of the buyer of the online political advertisement and for the placement, display, promotion or dissemination of the advertisement by the online platform,

(e) the number of days during which the online political advertisement will be placed, displayed, promoted or disseminated on the online platform and the date on which that advertisement will be placed, displayed, promoted or disseminated on that online platform and the date on which it will cease to appear on that online platform,

(f) the estimated size of the audience that the buyer of the online political advertisement intends the online political advertisement to reach,

(g) the number of times the online political advertisement has been viewed by users,

(h) an indication of the election or referendum to which the online political advertisement relates,

(i) a link or connection to the online archive or library established and maintained by the online platform under *subsection (5)*, and

(j) information and contact details of the online platform where a person may notify the online platform that an online political advertisement may not or does not comply with this Part.

(3) The information specified in *subsection (2)* contained in a transparency notice shall be maintained and updated by the online platform in real time.

(4) A transparency notice displayed by an online platform in accordance with *subsection (2)* shall be notified by the online platform to the Commission as soon as may be after it has been displayed.

(5) (a) Subject to *subsection (6)*, an online platform shall establish, maintain and update in real time an online archive or library comprising each online political advertisement purchased for placement, display, promotion or dissemination on that platform and its accompanying transparency notice.

(b) An online platform shall retain in the online archive or library each online political advertisement placed, displayed, promoted or disseminated on that platform and its accompanying transparency notice for a period of not less than 7 years after the end of the period on which the online political advertisement was placed, displayed, promoted or disseminated as provided for in *subsection (2)(e)*.

(c) Where, during the period specified in *paragraph (b)*, an online platform is acquired by or merges with another body corporate, the online platform or, as appropriate, any body corporate that is a successor to or a continuation of that online platform, shall comply with the requirements of *paragraph (b)*.

(6) An online platform shall make available to the public on its platform the online archive or library established, maintained and updated by it in accordance with *subsection (5)*.

(7) Where, during the period specified in *subsection (5)(b)*, an online platform is to be wound up, dissolved, liquidated or otherwise cease trading, the online platform shall make arrangements with the Commission for the transfer to it of the online archive or library, and shall transfer the online archive or library to the Commission in accordance with those arrangements.

(8) An online platform which fails to comply with this section (other than *subsection (7)*) shall be guilty of an offence.

##### 122. **Obligations on online platforms regarding online political advertisements**

**122.** (1) An online platform shall apply the measures required to verify the identity of the buyer of an online political advertisement and the information and documentation provided by such a buyer in accordance with *section 123*.

(2) If for any reason the online platform considers that the information and documents provided to the online platform under *section 123* are insufficient to verify the identity of the buyer of the online political advertisement, the online platform shall request and obtain such other information and documents from the buyer as are necessary and appropriate in order to verify the identity of the buyer.

(3) An online platform shall not place, display, promote or disseminate an online political advertisement on its platform where a buyer of an online political advertisement fails to provide all the information and documentation required to be provided by the buyer under *subsection (1)* and, where applicable *subsection (2)*, for so long as the failure continues.

(4) An online platform shall, in accordance with *section 136*, keep records of the measures applied and information, documents and records obtained by it to verify the identity and address of a buyer of an online political advertisement.

(5) An online platform which fails to comply with this section (other than *subsection (2)*) shall be guilty of an offence.

##### 123. **Identification and verification of buyers**

**123.** (1) An online platform shall apply the measures specified in *subsection (2)* in relation to the buyer of an online political advertisement prior to the purchase for placement, display, promotion or dissemination in the State by the buyer of that advertisement.

(2) The measures that shall be applied by an online platform for the purposes of *subsection (1)* shall consist of the following:

(a) (i) ascertain and verify the identity of the buyer of an online political advertisement on the basis of official documents (whether or not in electronic form) issued by—

(I) a Department of State or other national authority of the State,

(II) the national governmental authorities of another state, or

(III) with respect to a European political party, the Authority for European Political Parties and European Political Foundations,

provided that there are reasonable grounds to be satisfied that the documents can be relied upon to confirm the identity of the buyer, and

(ii) ascertain and verify the address of the buyer of an online political advertisement on the basis of documents (whether or not in electronic form) or information including—

(I) the documents referred to in *subparagraph (i)*, or

(II) documents from a regulated financial service provider or other utility or service provider,

confirming the address of the buyer (whether within the State or not) and that the buyer is a customer of that utility or service provider, provided that there are reasonable grounds to be satisfied that the documents or information can be relied upon to confirm the address of the buyer and that the buyer is resident in the State other than where *section 125(1)* applies;

“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,

(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

##### 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

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*,

(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

##### 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

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,

(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;

(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;

(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—

(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,

(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—

(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;

(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;

(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)*;

(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

##### 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

##### 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.

(2) (a) An appeal may be made to an appeal panel in respect of any notice or order issued pursuant to *sections 153*, *154*, *155*, *156* or *157*, not later than 5 days from the date on which the notice or order was issued, but the making of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice or order, unless the appeal panel otherwise directs.

(b) An appeal under *paragraph (a)* may be made by—

(i) any natural or legal person directly affected by the notice or order, or

(ii) an online platform.

(c) No appeal shall be accepted unless it has been submitted by a natural person (whether on their own behalf or on behalf of a named legal person), and such natural person shall provide such information as may be specified by the Commission.

(3) An appeal under *subsection (2)* —

(a) shall be in writing, made through a portal provided on the Commission’s website for that purpose,

(b) shall state all of the grounds on which the appeal is made and provide to the appeal panel all of the documents and evidence intended to be relied on to support those grounds, and

(c) shall be addressed to the chairperson of the appeal panel and be delivered or sent so as to reach the chairperson within the period specified in *subsection (2)*.

(4) The appeal panel shall determine an appeal without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(5) The Commission may make such rules and establish such procedures in relation to the conduct of appeals and oral hearings as it considers appropriate and shall publish those rules and procedures on a website maintained by or on behalf of the Commission.

(6) An appeal under this section shall be heard by the appeal panel or by such specified member or members of the appeal panel as may be assigned by the appeal panel to hear the appeal.

(7) The appeal panel shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing or ensure that the hearing is conducted expeditiously and without undue formality.

(8) The appeal panel, in determining an appeal under this section—

(a) shall consider the grounds for the appeal stated pursuant to *subsection (3)(b)*,

(b) shall consider the notice or order, and any such other information in connection with the notice or order as, in the opinion of the appeal panel, may be relevant to its determination, and

(c) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to such submissions, documents or evidence not contained in the notice or order as the appeal panel considers appropriate.

(9) In determining an appeal under this section, the appeal panel may, if satisfied that it is reasonable to do so—

(a) confirm the notice or order,

(b) vary the notice or order on such terms as it considers appropriate, or

(10) If, on appeal, the appeal panel varies the notice or order, the notice or order as so varied takes effect immediately on the determination of the appeal.

(11) The appeal panel may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, specify procedures in respect of the conduct of the appeal.

(12) The appeal panel may request in writing information from any person within the period specified in the request as it may reasonably require for the purposes of the performance of its functions under this section.

(13) It shall be an offence to submit an appeal in the name of another person or in a false name, or on behalf of a company absent the consent of the directors of that company (or as may be provided for in the company’s constitution).

(14) An appeal shall be heard and determined as soon as is practicable.

##### 162. **Judicial review**

**162.** Nothing in this Part shall be construed as limiting the entitlement of a person affected by a decision of the Commission to apply to the High Court to seek relief by way of an application for judicial review.

### Chapter 5

##### 163. **Codes of conduct**

**163.** (1)(a) The Commission may publish codes of conduct in respect of online electoral information or online electoral process information.

(b) A code published under *paragraph (a)* shall, as soon as is practicable, be laid before both Houses of the Oireachtas.

(2) A code referred to in *subsection (1)* may be addressed to:

(a) an online platform;

(b) a candidate in an election;

(d) any other person.

(3) The Commission may, before publishing a code of conduct under *subsection (1)*, consult with the Advisory Board, the stakeholder council or any other group convened by the Commission for that purpose.

(4) A code of conduct published under *subsection (1)* that relates to online electoral information other than online electoral process information shall have effect during a specified electoral period only.

(5) The Commission may determine whether a code of conduct is an optional code of conduct or a mandatory code of conduct.

(6) The Commission shall, before publishing a code of conduct under *subsection (1)*, have regard to the following:

(a) the need to protect democratic values in society;

(b) the public interest in having a well-informed electorate;

(d) the right to freedom of expression;

(e) the right to freedom of assembly.

(7) Where, in the opinion of the Commission, a person to whom a [mandatory] code of conduct is addressed is failing or has failed to comply with the code, the Commission may apply, by motion, to the High Court for an order directing the person to comply with the code, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order.

### Chapter 6

##### 164. **Consultation by Commission**

**164.** (1) The Commission may, where it considers appropriate for the purposes of its functions under this Part, consult with, and have regard to any information received from—

(a) the Data Protection Commission,

(b) An Garda Síochána,

(d) the Minister for the Environment, Climate and Communications, acting in his or her capacity as competent authority under the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 (S.I. No. 360 of 2018).

(2) Where—

(a) the Data Protection Commission,

(b) An Garda Síochána,

receives or becomes aware of information regarding activities or trends which may affect the fairness or integrity of an election or referendum, the authority or the Minister referred to in *paragraph (d)*, as the case may be, shall immediately notify the Commission of the said information, activities or trends.

### Chapter 7

##### 165. **Offence of failing to comply with notice or order issued under sections 153 to 157**

**165.** (1) It shall be an offence for any person to fail to comply with any notice or order issued under *section 153*, *154*, *155*, *156* or *157*, whether that notice or order is addressed to a person within or outside the State.

(2) A person found guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

##### 166. **Offences of disinformation and misinformation**

**166.** (1) A person who, or any director of a body or association which, during the electoral period or election campaign period with the intention of influencing the results of an election or referendum, or of interfering with the fairness or integrity of that election or referendum, makes or publishes—

(a) a false statement of the withdrawal of a candidate for election from that election,

(b) a false statement of fact (including but not limited to a statement of misinformation) with the intention of causing one or more voters to abstain from voting in the election or referendum, or

shall be guilty of an offence, unless that person can show that he or she had reasonable grounds for believing and did believe that the statement was true.

(2) A person found guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

##### 167. **Offence of using undisclosed bot to mislead or influence election or referendum**

**167.** (1) Any person who knowingly uses a bot, or causes a bot to be used, in such a way as to generate multiple online presences that—

(a) are directed towards influencing the result of an election or referendum,

(b) are designed or intended to mislead persons as to the bot’s artificial identity, or

shall be guilty of an offence.

(2) It shall be a defence in proceedings for an offence under this section for a person to show that the use of the bot concerned was disclosed in a manner that was clear, conspicuous and reasonably designed to inform persons with whom the bot interacted or communicated or was intended to interact or communicate that it was a bot.

(3) A person found guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

##### 168. **Offence of failure to comply with obligations placed on online platform**

**168.** (1) An online platform which fails to comply with *section 149* shall be guilty of an offence.

(2) A person found guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

##### 169. **Prosecution of offences**

**169.** (1) Subject to *subsection (2)*, summary proceedings for an offence under this Part may be brought and prosecuted by the Commission.

(2) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Part may be instituted within 2 years from the date on which the offence was committed or alleged to have been committed.

(4) Where an offence under this Part is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(5) Where the affairs of a body corporate are managed by its members, *subsection (4)* applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(6) (a) Where a person is convicted of an offence under this Part, the court may, where it is satisfied that there are good reasons for so doing, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including the costs and expenses of and incidental to an examination of any information provided to the Commission or an authorised officer.

(b) An order for costs and expenses referred to in *paragraph (a)* shall be in addition to and not instead of any fine or penalty the court may impose.

##### 170. **Extraterritoriality**

**170.** (1) A person who, in a place outside the State—

(a) does an act or fails to do an act that, if done or was omitted to be done in the State, would constitute an offence under *section 165*, or

(b) does an act that, if done in the State, would constitute an offence under *section 166* or *167*,

shall be guilty of an offence.

(2) A person guilty of an offence under this section is liable on conviction to the penalty to which he or she would have been liable if he or she did the act or failed to do the act that constitutes the offence in the State.

(3) Proceedings for an offence under *subsection (1)* may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.

(4) Where a person is charged with an offence under this section, no further proceedings in the matter (other than a remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

### Chapter 8

##### 171. **Immunity from suit**

**171.** (1) The Commission shall perform its duties under this Part *bona fide* and in the interests of the public and electorate in general, having regard to the resources available to it and no action shall lie against it by reason merely of an alleged failure to perform such duties.

(2) No action shall lie personally against any member of the Commission by reason of any act or omission in the performance of his or her duties under this Part.

##### 172. **Service of notices or orders**

**172.** Service of a notice or order issued under *section 153*, *154*, *155*, *156* or *157* shall be made in accordance with *section 142*.

## PART 6 Advance polling during pandemic or Covid-19

### Chapter 1

##### 173. **Advance polling**

**173.** The Act of 1992 is amended by the insertion of the following section after section 96:

**“96A.** (1) Notwithstanding section 96, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of *An Coimisiún Toghcháin*, make an order providing that, in addition to the poll provided for under section 96—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 96(1), and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

(4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

### Chapter 2

##### 174. **Advance polling**

**174.** The Act of 1994 is amended by the insertion of the following section after section 10:

**“10A.** (1) Notwithstanding section 10(1), section 11(1) and section 12(1), the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of *An Coimisiún Toghcháin*, make an order providing that, in addition to a poll provided for under section 10(1), section 11(1) or section 12(1)—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10(1), section 11(1) or section 12(1), and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(4) In this section—

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

### Chapter 3

##### 175. **Advance polling**

**175.** The Act of 1993 is amended by the insertion of the following section after section 6:

**“6A.** (1) Notwithstanding section 6(1) and section 8, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of *An Coimisiún Toghcháin*, make an order providing that, in addition to a poll provided for under section 6(1) or section 8—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 6(1) or section 8, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(4) In this section—

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

### Chapter 4

##### 176. **Advance polling**

**176.** The Act of 1997 is amended by the insertion of the following section after section 10:

**“10A.** (1) Notwithstanding section 10, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of *An Coimisiún Toghcháin*, make an order providing that, in addition to the poll provided for under section 10—

(a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

### Chapter 5

##### 177. **Advance polling**

**177.** The Act of 2001 is amended by the insertion of the following section after section 26:

**“26A.** (1) Notwithstanding section 26, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of *An Coimisiún Toghcháin*, make an order providing that, in addition to the poll provided for under section 26—

(a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister under section 26, and

(b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

(2) An order under this section shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(3) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

(a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

(b) which has been declared by the World Health Organisation to be a pandemic.”.

### Chapter 6

##### 178. **Advance polling**

**178.** The Local Elections Regulations 1995 are amended by the insertion of the following article after article 50:

**“50A.** The returning officer in a local authority to which an order under section 26A(1) of the Local Government Act 2001 applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.”.

## PART 7 Amendment of Electoral Act 1997 - Political donations and accounts

##### 179. **Definition**

**179.** In this Part, “Principal Act” means the Electoral Act 1997.

##### 180. **Amendment of section 2 of Principal Act**

**180.** Section 2(1) of the Principal Act is amended by the substitution of the following definition for the definition of “property”:

“ ‘property’, other than in Part IX, means real and personal property;”.

##### 181. **Amendment of section 3 of Principal Act**

**181.** Section 3 of the Principal Act is amended, in subsection (1)—

(a) by the insertion of “23C,” after “23B,”, and

(b) by the insertion of “48C,” after “48B,”.

##### 182. **Amendment of section 4 of Principal Act**

**182.** Section 4 of the Principal Act is amended, in subsection (3), by the substitution of the following paragraph for paragraph (c)—

“(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Standards in Public Offices Commission continues to be of the opinion that there may have been a contravention of a provision of Part IV, V or VI or regulations made under section 72, it shall consider—

(i) whether, in the opinion of the Standards in Public Office Commission, there is evidence sufficient to justify the bringing of proceedings in relation to an offence for a contravention of the provisions of Part IV, V or VI or regulations made under section 72, or

(ii) where there is not sufficient evidence, whether to direct the carrying out of an investigation by an authorised officer under section 4B(1).”.

##### 183. **Powers of investigation**

**183.** The Principal Act is amended by the insertion of the following section after section 4A:

**“4B.** (1) Notwithstanding subsections (3), (4), (4A), (4B) and (4C) of section 4, where the Standards in Public Office Commission reasonably believes that a person may have committed or may be committing a contravention of Parts IV, V, VI or IX, the Standards in Public Office Commission may direct the carrying out of an investigation by an authorised officer under this section.

(2) The Standards in Public Office Commission may appoint such and so many persons as it may determine (each of whom is referred to in this section as an ‘authorised officer’) to carry out investigations under this section.

(3) The Standards in Public Office Commission shall furnish an authorised officer with an authorisation and, when carrying out an investigation under this section, an authorised officer shall, if requested to do so by any person affected by the investigation, produce to the person the authorisation or a copy of it together with a form of personal identification.

(4) An authorised officer may, for the purposes of carrying out an investigation under this section—

(a) require any person to provide any information or explanation which the authorised officer may reasonably require for the purposes of the investigation,

(b) require any person to produce any document or other thing of which the person has control, or to which the person has access, and which the authorised officer may reasonably require for the purposes of the investigation,

(c) require any person to attend before the authorised officer to answer questions, and to make a declaration of the truth of the answers to the questions, for the purposes of the investigation,

(d) subject to subsection (5), enter and search (if necessary accompanied by a member of the Garda Síochána) any premises at, on or in which the authorised officer reasonably believes there may be any document or other thing which the authorised officer may reasonably require for the purposes of the investigation,

(e) inspect and take copies of, or extracts from, any document or other thing produced in compliance with a requirement under paragraph (b) or found on a search under paragraph (d) or pursuant to a warrant under subsection (6),

(f) require a person to make available in a legible form any documents so produced or found otherwise than in a legible form, or

(g) require a person to give to the authorised officer such assistance as the authorised officer may reasonably require for the purposes of the investigation and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers.

(5) An authorised officer shall not enter a dwelling when carrying out an investigation under this section otherwise than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (6).

(6) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that there is in, on or at any premises any document or other thing which the authorised officer may reasonably require for the purposes of an investigation under this section, the judge may issue a warrant authorising a named person at any time or times within one month from the date of issue of the warrant, on production (if so requested) of the warrant, to enter and search the premises using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer.

(7) A warrant under subsection (6) may permit the person authorised by it to be accompanied by such members of the Garda Síochána or other persons as the person authorised by the warrant considers necessary.

(8) An authorised officer may, if authorised by the Standards in Public Office Commission to do so, make interim reports to the Commission while carrying out an investigation under this section.

(9) As soon as reasonably practicable after the conclusion of an investigation under this section the authorised officer by whom the investigation was carried out shall give to the Standards in Public Office Commission a copy of a report stating the findings of the investigation and the authorised officer’s conclusions on the findings together with his or her reasons for making them and the Commission shall consider the authorised officer’s report and, if it is satisfied that a contravention is taking or has taken place, may bring summary proceedings in respect of an offence under Parts IV, V, VI or IX.

(10) A statement or admission made by a person pursuant to a requirement under subsection (4) shall not be admissible in evidence in proceedings brought against that person for an offence (other than for an offence under sections 25(1)(d), 25(1A)(b), 25(1B)(a), 25(1C), 25(1D), 25(1E)(b), 25(1F), 43(2)(d), 43(3)(c), 61(2)(d), 61(2)(g), 61(2A), 61(2B)(b), 61(3)(c) and 92(1)(d)).

(11) The production of a document or other thing in compliance with a requirement under subsection (4) does not prejudice a person’s lien on the document or other thing.

(12) Nothing in this section shall operate to require a person to provide to an authorised officer any information or explanation, or to produce to an authorised officer any documents or other things, that he or she would be entitled to refuse to provide or produce on the grounds of legal professional privilege.

(13) An authorised officer shall not disclose any information obtained under this section otherwise than in a report under this section.

(14) In this section ‘premises’ includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or moveable structure.”.

##### 184. **Amendment of section 22 of Principal Act**

**184.** Section 22 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “a body or association (including a body or association that has an office outside the State), which” for “a body or association, which”,

(b) in paragraph (a) of subsection (2), by the substitution of “given within or outside the State for political purposes by any person (including a subsidiary organisation that has an office outside the State)” for “given for political purposes by any person”,

(i) by the insertion of the following definition:

“ ‘cryptocurrency’ means any form of digital currency that is not regulated, and in relation to which encryption techniques are used to regulate the generation of units of currency and verify the transfer of monies;”,

(ii) by the deletion of paragraph (d) of the definition of “institution”, and

(iii) by the substitution of the following paragraphs for paragraphs (e) and (f) of the definition of “institution”:

“(e) An Post,

(f) a credit institution authorised in accordance with the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014) to carry on business in the State, or

(g) a credit union registered as such under the Credit Union Act 1997;”,

(d) in paragraph (b) of subsection (2)—

(i) in clause (I) of subparagraph (iii), by the substitution of “the individual’s profession and provided that the individual is not, directly or indirectly, paid by any other person for that service or to facilitate the provision of the service” for “the individual’s profession”,

(ii) in clause (II) of subparagraph (iii), by the substitution of “political party (other than an individual in the employment of a subsidiary organisation of that party that has an office outside the State)” for “political party”,

(iii) in subparagraph (vi), by the deletion of “candidate authenticated by the political party at a Dáil or European election,”,

(iv) in subparagraph (vii), by the substitution of “or funds provided to such candidate by the political party in relation to those expenses,” for “other than a donation of money;”,

(v) by the insertion of the following subparagraphs after subparagraph (vii):

“(viii) election expenses incurred by a political party on behalf of a candidate authenticated by the political party at a Dáil or European election or funds provided to such candidate by the political party in relation to those expenses, or

(ix) any payment, contribution or supply of goods or services (without payment or other consideration or at less than the commercial price) given outside the State by a person to a political party and accepted by that political party in accordance with the laws of the state in which it is accepted and, where it is a monetary payment or contribution, is kept or retained in a separate designated fund;”.

##### 185. **Amendment of section 23A of Principal Act**

**185.** Section 23A of the Principal Act is amended, in subsection (1)—

(a) in paragraph (ii), by the substitution of “ €2,500,” for “ €2,500, or”,

(b) in paragraph (iii), by the substitution of “ €200, or” for “ €200.”, and

“(iv) a donation of whatever value in the form of cryptocurrency.”.

##### 186. **Party leader’s statement**

**186.** The Principal Act is amended by the insertion of the following section after section 24A:

**“24B.** (1) Not later than 31 March in every year, the leader of each political party, which, in the preceding year, had members in either House of the Oireachtas or, as the case may be, in the European Parliament, shall furnish to the Standards in Public Office Commission a written statement, in the form directed by the Commission, in respect of the preceding year, indicating the value of each donation received by the political party from outside the State (if any), whether in cash or in kind, exceeding €100 in value and confirming that each such donation (including all contributions) has been included in the written statement for that year.

(2) A statement furnished pursuant to subsection (1) (to be referred to in this Act as a ‘party leader’s statement’) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the party leader’s knowledge and belief, the statement is correct in every material respect and that the party leader has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(3) It shall be the duty of every party leader who is required by this section to furnish a party leader’s statement and make a statutory declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.”.

##### 187. **Amendment of section 25 of Principal Act**

**187.** Section 25 of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (1E):

“(1F) A person who fails to furnish a statement under section 24B(1), or a statutory declaration under section 24B(2), or who knowingly furnishes a statement under section 24B(1) or statutory declaration under section 24B(2) which is false or misleading in any material respect, shall be guilty of an offence.

(1G) A person who—

(a) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 23, 23A or 23AA,

(b) (i) fails to remit to the Standards in Public Office Commission a donation the acceptance of which is prohibited by section 23 or 23A(2), or in the case of a donation referred to in section 23A(1) or 23AA(1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission, or

(ii) fails to return to the donor the donation referred to in section 23A(1) or 23AA(1) or that part of the donation exceeding the limit,

(c) fails to furnish the statement of an institution, certificate or statutory declaration referred to in section 23B or furnish the donation statement or make the statutory declaration referred to in section 24(3) to the Standards in Public Office Commission,

(d) fails to furnish the statement referred to in section 24(1A) or make the statutory declaration referred to in section 24(3) to the Standards in Public Office Commission, or

(e) (i) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 24A(2), or

(ii) fails to remit a donation the acceptance of which is prohibited by section 24A(2), or its value, to the Commission,

shall be guilty of an offence.”,

(b) in paragraph (b) of subsection (2), by the substitution of “(1D), (1E)(b) or (1G)” for “(1D) or (1E)(b)”, and

“(3) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

##### 188. **Amendment of section 31 of Principal Act**

**188.** Section 31 of the Principal Act is amended, in paragraph (a) of subsection (1), by the substitution of “In this Part and in section 22 ‘election expenses’ means” for “In this Part ‘election expenses’ means”.

##### 189. **Amendment of section 43 of Principal Act**

**189.** Section 43 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraphs for paragraph (e):

“(e) fails otherwise to comply with the provisions of section 36, or

(f) fails to furnish to the Standards in Public Office Commission the statement of election expenses or the statutory declaration referred to in section 36.”,

(b) in subsection (3), by the substitution of the following paragraphs for paragraph (d):

“(d) fails otherwise to comply with the provisions of section 36, or

(e) fails to furnish to the Standards in Public Office Commission the statement of election expenses or the statutory declaration referred to in section 36.”,

(c) in paragraph (b) of subsection (5), by the substitution of “subsection (2)(a), (2)(d), (2)(f), (3)(c) or (3)(e)” for “subsection (2)(d) or (3)(c)”, and

(d) by the substitution of the following subsection for subsection (7):

“(7) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

##### 190. **Amendment of section 46 of Principal Act**

**190.** Section 46 of the Principal Act is amended—

(a) in subsection (1), by the insertion of the following definition:

and

(b) obtain from the buyer of an online political advertisement a written statement verified by a statutory declaration as provided for in *subsection (5)*.

(3) When applying the measures specified in *subsection (2)*, an online platform shall take reasonable steps to verify that any person purporting to act for or on behalf of a buyer of an online political advertisement is acting with the approval and consent of the buyer.

(4) An online platform which is unable to apply the measures specified in *subsection (2)* in relation to a buyer of an online political advertisement as a result of any failure on the part of the buyer to provide the online platform with documents or information required under this section or *section 122(2)*, or both, shall not place, display, promote or disseminate any online political advertisement purchased by the buyer, or for or on behalf of the buyer, on the online platform where it can be accessed or seen by users of the online platform for so long as the failure remains unrectified.

(5) (a) For the purposes of *subsection (2)(b)*, a buyer of an online political advertisement shall provide to the online platform a written statement, verified by a statutory declaration, that to the best of the knowledge and belief of the person concerned the statement is correct in every material respect and that the person has taken all reasonable action in order to be satisfied that the statement is accurate, confirming—

(i) (I) that the funds for the purchase of the online political advertisement for placement, display, promotion or dissemination in the State have been provided by the buyer, or

(II) if the funds have been or will be provided by a person other than the buyer, the identity of the person who has provided or will provide the funds for the purchase of the online political advertisement and that the person is not prohibited by law, including under this Part, from purchasing such an advertisement for placement, display, promotion or dissemination in the State,

(b) in paragraph (aa) of subsection (2)—

(i) by the deletion of paragraph (d) of the definition of “institution”, and

(ii) by the substitution of the following paragraphs for paragraphs (e) and (f) of the definition of “institution”:

“(e) An Post,

(f) credit institution authorised in accordance with the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014) to carry on business in the State, or

(g) a credit union registered as such under the Credit Union Act 1997;”.

##### 191. **Amendment of section 48A of Principal Act**

**191.** Section 48A of the Principal Act is amended, in subsection (1)—

(a) in paragraph (ii), by the substitution of “ €2,500,” for “ €2,500, or”,

(b) in paragraph (iii), by the substitution of “ €200, or” for “ €200.”, and

“(iv) a donation of whatever value in the form of cryptocurrency.”.

##### 192. **Amendment of section 61 of Principal Act**

**192.** Section 61 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (2B):

“(2C) A person who—

(a) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission,

(b) fails to furnish the presidential election donation statement or make the statutory declaration referred to in section 48 or the statement of an institution, certificate or statutory declaration referred to in section 48B to the Standards in Public Office Commission,

(c) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 47, 48A or 48AA,

(d) (i) fails to remit to the Standards in Public Office Commission a donation the acceptance of which is prohibited by section 47 or 48A(2), or in the case of a donation referred to in section 48A(1) or 48AA(1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission, or

(ii) fails to return to the donor the donation referred to in section 48A(1) or 48AA(1) or that part of the donation exceeding the limit,

shall be guilty of an offence.”,

(b) in subsection (3), by the substitution of the following paragraphs for paragraph (d):

“(d) fails otherwise to comply with the provisions of section 56,

(e) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission.”,

(c) in paragraph (b) of subsection (5), by the substitution of “subsection (2)(a), (2)(d), (2)(g), (2A), (2B)(b), (2C), (3)(c) or (3)(e)” for “subsection (2)(d) or (g), subsection (2A), (2B)(b) or subsection (3)(c)”, and

(d) by the substitution of the following subsection for subsection (7):

“(7) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

##### 193. **Fixed payment notices**

**193.** The Principal Act is amended by the insertion of the following section:

**“82A.** (1) Where a person commits an offence under a relevant provision, the Standards in Public Office Commission may serve a notice (in this section referred to as a ‘fixed payment notice’) on the person.

(2) The fixed payment notice shall—

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

(b) state that the person is alleged to have committed an offence under the relevant provision concerned,

(d) state that, if the fixed payment is paid to the Commission by the date specified in it, a prosecution in respect of the offence under the relevant provision concerned will not be initiated, and

(e) contain details of how the fixed payment is to be paid.

(3) The fixed payment notice may be served on the person:

(a) by sending it to the person by electronic means to an email address, fax number or other electronic contact point used by the person for receiving emails, faxes or other electronic messages and a record that the email, fax or other electronic message has been sent to the person is made for the sender by the email system, fax machine or other electronic system used;

(b) by delivering it to the person;

(i) in the case of an individual, the address at which the individual ordinarily resides or any other address provided by the individual for the purposes of this section,

(ii) in the case of a company, its registered office, or

(iii) in the case of any other body corporate or unincorporated body, its principal office or place of business.

(4) The fixed payment is €200.

(5) No prosecution in respect of the offence under the relevant provision shall be initiated against the person—

(a) until after the date specified in the fixed payment notice as that by which the fixed payment is to be paid, or

(b) at all, if the fixed payment is paid to the Standards in Public Office Commission before that date.

(6) The amount of any fixed payment received by the Standards in Public Office Commission under this section shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Finance directs.

(7) In this section, ‘relevant provision’ means section 25(1)(c), 25(1A)(a), 43(2)(c) (insofar as it relates to section 36(1)(a)), 43(3)(b), 61(2)(c), 61(2)(f), 61(3)(b) or 92(1)(c).”.

##### 194. **Amendment of section 83 of Principal Act**

**194.** Section 83 of the Principal Act is amended—

(a) by the insertion of the following definitions:

“ ‘FRS 102’ means the accounting standard entitled ‘The Financial Reporting Standard applicable in the UK and Republic of Ireland’, issued by the Financial Reporting Council Limited (being a body prescribed under the Companies Act 2014 (Accounting Standards) (Prescribed Body) Regulations 2018 (S.I. No. 84 of 2018));

‘property’, in relation to any political party, and its subsidiary organisations, means all land and buildings (whether situate within or outside the State), owned or controlled by the party or subsidiary organisation concerned*—*

(a) which supports the political and promotional activities of the political party, its elected members, party officials or party members either within or outside the State,

(b) which benefits, either directly or indirectly, the political party, its elected members, party officials or party members in promoting the policies, aims and objectives of the political party either within or outside the State,

(c) any income derived from which is used to promote, either directly or indirectly, the political party, its elected members or candidates standing for election on behalf of that party, or

(d) which is effectively controlled by the political party, its elected members, party officials or party members, for the benefit of the party;

‘subsidiary organisation’ in relation to any political party, means a body or association (including a body or association that has an office outside the State) which—

(a) forms part of such political party,

(b) is established by or under the constitution of the political party,

(d) has functions conferred on it by or under the constitution of the party.”,

(b) by the substitution of “section 89;” for “section 89.” in the definition of “guidelines”.

##### 195. **Amendment of section 84 of Principal Act**

**195.** Section 84 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “and of each of its subsidiary organisations” after “concerned”,

(b) in subsection (2)—

(i) in paragraph (a)—

(I) by the insertion of “, and of each of its subsidiary organisations,” after “party”, and

(II) by the substitution of “time,” for “time, and”,

and

(ii) (I) that the buyer of the online political advertisement is not controlled by any other person, company, body corporate or unincorporated body of persons, or

(II) if the buyer is so controlled, the name and address of the person exercising ultimate control over the buyer.

(b) The written statement and statutory declaration under this subsection shall, where the buyer is a company, a body corporate or an unincorporated body of persons, be made by one of the following persons:

(i) in the case of a company, by a director, secretary or other officer of the company;

(ii) in the case of a body corporate (other than a company) or an unincorporated body of persons, by any officer of the body or any person for the time being performing the functions of an officer of the body.

(6) (a) Subject to *paragraph (b)*, where a buyer of an online political advertisement purchases more than one online political advertisement from an online platform in respect of the same election or referendum, as the case may be, it shall be sufficient for the purposes of compliance with *subsections (2)* and *(5)* by the online platform and the buyer respectively if the online platform applies the measures in *subsection (2)* to the buyer prior to the purchase of the first online political advertisement by that buyer.

(b) *Paragraph (a)* applies only where the buyer of the online political advertisement is the same buyer and the buyer confirms that there is no change—

(i) in the circumstances relating to that buyer in the period after the application of the measures in *subsection (2)*,

(ii) in the information required to be provided by the buyer of the online political advertisement under *sections 121*, *124*, *125* and this section and included in the online political advertisement and its accompanying transparency notice, and

(iii) in any material fact or circumstance in the period since the making by the buyer of the written statement verified by a statutory declaration under *subsection (5)* and that statement continues to be correct and accurate in every material respect.

(7) Where an online platform becomes or is made aware of information on which there are reasonable grounds to consider that a buyer of an online political advertisement or a person providing the funds to the buyer is prohibited by virtue of this Part from purchasing an online political advertisement for placement, display, promotion or dissemination in the State, the online platform shall examine the information and documents provided by the buyer prior to the purchase for placement, display, promotion or dissemination of the advertisement, and make such inquiries as are necessary to ascertain the accuracy of the information and veracity of the documents provided by the buyer.

(8) If there are reasonable grounds to conclude that the information or documents provided by the buyer under this section are inaccurate in a material particular, the online platform shall remove the advertisement from its platform immediately on forming that conclusion.

(9) An online platform which fails to comply with *subsection (1)*, *(4)* or *(8)* shall be guilty of an offence.

(10) A person who makes a written statement and provides a statutory declaration pursuant to *subsection (5)* that he or she knows, or ought reasonably to know, is false or misleading in any material particular shall be guilty of an offence.

##### 124. **Obligations on buyers regarding online political advertisements**

**124.** (1) The buyer of an online political advertisement shall provide such information and documents required under *sections 121*, *122*, *123* and *125* to an online platform for the purposes of the purchase for placement, display, promotion or dissemination of an online political advertisement on an online platform.

(2) The buyer of an online political advertisement shall comply with any reasonable request by an online platform for such information and documents (including information and documents additional to those required under *sections 121*, *122*, *123* and *125*) as may be required by the online platform for the purpose of enabling it to comply with its obligations under those sections.

(3) The buyer of an online political advertisement shall provide to an online platform the information required under *section 121(2)* (other than *paragraphs (g)*, *(i)* and *(j)*) to be contained in a transparency notice prior to the placement, display, promotion or dissemination of an online political advertisement on that platform.

(4) The buyer of an online political advertisement shall provide such information as may be required in order to enable the online platform to comply with its obligations under *section 121(3)* and shall, where the buyer wishes to extend the period during which the advertisement is placed, displayed, promoted or disseminated on that online platform, inform the online platform of that fact and provide up to date information to the online platform in relation to any matter required under *section 121* to be included in the transparency notice.

(5) Notwithstanding *subsections (2)* and *(3)*, a buyer of an online political advertisement may, at any time up to the placement, display, promotion or dissemination of an online political advertisement on an online platform, decide not to provide the information and documents required under *sections 121*, *122*, *123* and *125* or any additional information and documents requested by the online platform under this section, and in that case, the buyer shall confirm that decision in writing to the online platform.

(6) A buyer who provides information or documents to an online platform pursuant to *subsection (2)*, *(3)* or *(4)*, that the buyer knows, or ought reasonably to know, is false or misleading in any material particular shall be guilty of an offence.

(7) In this Part, where a person is acting for or on behalf of a buyer of an online political advertisement any obligation imposed on the buyer shall be construed as an obligation on the person acting for or on behalf of the buyer, but the buyer remains liable—

(a) for any failure to comply with an obligation under this section by a person acting for or on behalf of the buyer, and

(b) for complying with any such obligation imposed on the buyer under this Part.

##### 125. **Online political advertisements commissioned from outside the State**

**125.** (1) Notwithstanding *section 123*, an online political advertisement shall not, directly or indirectly, be placed, displayed, promoted or disseminated in the State by a person resident at an address outside the State, unless the buyer of the online political advertisement—

(a) is a natural person and provides evidence that he or she is a citizen of Ireland,

(b) is a company, body corporate or an unincorporated body of persons, and the buyer provides evidence that it maintains an office in the State from which the buyer carries on one or more than one of the buyer’s principal activities or from which the carrying on of those activities are directed,

(c) is a natural person and provides evidence that he or she is a national of a Member State (other than the State) and the online political advertisement relates to an election to the European Parliament held in the State in accordance with the Act of 1997,

(d) is a company, body corporate or an unincorporated body of persons, and the buyer provides evidence that it is registered or incorporated in a Member State (other than the State) in accordance with the laws of that Member State and maintains an office in that Member State from which the buyer carries on one or more than one of the buyer’s principal activities or from which the carrying on of those activities are directed and the online political advertisement relates to an election to the European Parliament held in the State in accordance with the Act of 1997, or

(e) is a European political party and provides evidence of its registration under Regulation (EU, Euratom) No. 1141/2014 and the online political advertisement relates to an election to the European Parliament held in the State in accordance with the Act of 1997.

(2) Nothing in *subsection (1)* shall operate to prevent the buyer of an online political advertisement from purchasing an online political advertisement for placement, display, promotion or dissemination in the State if the buyer is a natural person and is resident at an address in the State.

(3) The purchase of an online political advertisement for placement, display, promotion or dissemination in the State by a buyer of an online political advertisement referred to in *subsection (1)(b),* shall be arranged through the buyer’s office in the State.

(4) For the purposes of this section, an online platform is deemed to know that a person referred to in *subsection (1)* is resident at an address outside the State if there are reasonable grounds for concluding that the online platform so knows on the basis of—

(a) information in the possession of the online platform (whether obtained under *section 122*, *123*, *124* or otherwise),

(b) in a case where the online platform has contravened *section 122* or *123*, information that would have been in the possession of the online platform if it had complied with that provision or those provisions, or

(5) Subject to *subsection (1)*, a person resident outside the State shall not, directly or indirectly, purchase an online political advertisement for placement, display, promotion or dissemination in the State.

(6) An online platform which places, displays, promotes or disseminates an online political advertisement purchased by a person who is prohibited by this section from purchasing such an advertisement for placement, display, promotion or dissemination in the State shall be guilty of an offence.

##### 126. **Exemptions from public information requirements**

**126.** (1) A notice placed or displayed on an online platform by the persons specified in *subsection (2)* for the purpose, and in the course, of performing their statutory functions under the enactments specified in *subsection (3)* shall not be construed as being an “online political advertisement” for the purposes of this Part.

(2) The following persons are specified for the purposes of *subsection (1)*:

(a) the Minister;

(b) the Commission;

(d) the presidential returning officer and a local returning officer (within the meaning of sections 9 and 10, respectively, of the Act of 1993);

(e) the referendum returning officer and a local returning officer (within the meaning of sections 14 and 15, respectively, of the Act of 1994);

(f) the chief returning officer, a returning officer and a local returning officer (within the meaning of sections 15A, 16 and 17, respectively, of the Act of 1997);

(g) a returning officer (within the meaning of section 14 of the Seanad Electoral (University Members) Act 1937);

(h) the Seanad returning officer (within the meaning of section 4 of the Seanad Electoral (Panel Members) Act 1947);

(i) a returning officer (within the meaning of Article 4 of the Local Elections Regulations 1995);

(j) a local authority.

(3) The enactments specified for the purposes of *subsections (1)* and *(2)* are:

(a) the Electoral Acts 1992 to 2022;

(b) the European Parliament Elections Act 1992 to 2022;

(d) the Referendum Acts 1922 to 2022;

(e) the Seanad Electoral (Panel Members) Acts 1947 to 2018;

(f) the Seanad Electoral (University Members) Acts 1937 to 2015;

(g) the Local Elections Regulations 1995.

##### 127. **Functions of the Commission**

**127.** (1) For the purposes of this Part, the Commission shall have the following functions:

(a) to monitor online political advertising and online political advertisements;

(b) to monitor online platforms with respect to their role in the placement, display, promotion or dissemination of online political advertisements;

(c) to monitor buyers of online political advertisements and the online political advertisements purchased by them for placement, display, promotion or dissemination on online platforms;

(d) to encourage compliance with this Part, which may include the publication of notices (which shall be in both the Irish and English languages) containing practical guidance as to how those provisions may be complied with;

(e) to carry out such investigations as it considers appropriate, on the basis of information obtained on its own initiative or having regard to information provided to it by any person, into any suspected breach of this Part that may be occurring or has occurred;

(f) to decide appeals from directions given by the chief executive under *section 133*;

(g) to enforce the relevant statutory provisions in this Part;

(h) to make such arrangements as may be necessary to arrange for the transfer to it of online archives or libraries of online platforms as provided for under *section 121* and to maintain such online archives or libraries for a period after such transfer so that each online political advertisement and its accompanying transparency notice in an online archive or library transferred to the Commission shall be maintained for a period of 7 years in total from the date of its inclusion in that archive or library;

(i) to identify any trends in relation to contraventions or other matters that may be relevant to the Commission’s functions under this Part raised by investigations by the Commission or directions by the chief executive and prepare and publish, in both the Irish and English languages, reports on such trends;

(j) to prepare and publish, in both the Irish and English languages, such information in connection with online political advertising to the public as it considers appropriate;

(k) such other functions relating to *paragraphs (a)* to *(j)* as may be appropriate.

(2) The Commission, in performing any of its functions under this Part, may where it considers it appropriate and to the extent that it may be necessary, appoint authorised officers to assist the Commission in the performance of its functions.

(3) In performing its functions under this Part, the Commission may co-operate and collaborate with other statutory authorities whether in the State or elsewhere in connection with online political advertising and related matters.

(4) The Commission shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions under this Part and shall ensure that those functions are performed effectively and efficiently.

##### 128. **Appointment of authorised officers**

**128.** (1) The Commission may at any time appoint in writing such and so many persons, including members of the staff of the Commission or other suitably qualified persons, as it considers appropriate to be authorised officers for the purpose of the performance by the Commission of any of its functions under this Part.

(2) An authorised officer shall, on his or her appointment, be furnished by the Commission with a warrant of his or her appointment, and shall, when exercising a power conferred by this Part, if requested by any person affected, produce the warrant of appointment to that person for inspection.

(3) The Commission may revoke in writing any appointment made by it under *subsection (1)*, whether or not the appointment was for a fixed period.

(4) An appointment of an authorised officer under this section shall cease—

(a) if it is revoked in writing by the Commission,

(b) if it is for a fixed period, on the expiry of that period, or

(c) if the person appointed is a member of the staff of the Commission, when that person ceases to be a member of staff of the Commission.

(5) Where the Commission is satisfied that an authorised officer or other member of the staff of the Commission has discharged his or her duties in pursuance of the functions of the Commission under this Part in good faith, the Commission may, in the manner and to the extent and subject to the terms and conditions that the Commission may determine from time to time in consultation with the Minister, indemnify the authorised officer or other member of staff against all actions or claims however they arise in respect of the discharge by him or her of his or her duties.

(6) A person who falsely represents himself or herself to be an authorised officer shall be guilty of an offence.

(7) In this section, “suitably qualified person” means any person (other than a member of the staff of the Commission) who, in the opinion of the Commission, has the qualifications and experience or expertise necessary to exercise the powers conferred on an authorised officer under this Part.

##### 129. **Monitoring compliance for the purposes of this Part**

**129.** (1) Without prejudice to *section 133*, the Commission may, for the purpose of performing any of its functions under this Part, monitor or make arrangements with other suitable persons for the carrying out of monitoring on its behalf of, the placement, display, promotion or dissemination of online political advertisements and related matters on online platforms by buyers of online political advertisements and of compliance by online platforms and buyers of online political advertisements with their obligations under this Part.

(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.

(3) Any person may provide to the Commission information concerning any matter in respect of which the person has reason to believe that there may have been, or may be, a contravention of the requirements of this Part including in relation to—

(a) an online political advertisement placed, displayed, promoted or disseminated on an online platform and its accompanying transparency notice,

(b) an online archive or library established and maintained by an online platform under *section 121(5)*,

(c) an online platform with respect to the placement, display, promotion or dissemination by it of an online political advertisement, or

(d) a buyer of an online political advertisement with respect to an online political advertisement purchased by the buyer and which an online platform has placed, displayed, promoted or disseminated on its platform.

##### 130. **Investigations**

**130.** (1) Where the Commission has reason to believe, whether on the basis of information obtained itself or provided to it by any person or otherwise, that there is, has or may have been a contravention of this Part, the Commission may examine or investigate,and may, for that purpose, authorise or direct any member of staff of the Commission (other than the chief executive when he or she is performing his or her functions under *section 133*) or appoint an authorised officer to examine or investigate, any suspected contravention.

(2) The Commission may make such inquiries as it considers appropriate or direct an authorised officer or a member of its staff (other than the chief executive when he or she is performing his or her functions under *section 133*) to make such inquiries, and the Commission, or an authorised officer or member of staff, may require any person to furnish without delay any information, document or relevant thing in the possession or procurement of that person which the Commission or an authorised officer or member of staff may require for the purposes of an investigation.

(3) (a) An authorised officer or member of staff shall carry out an investigation authorised under *subsection (1)* with all due expedition consistent with fairness and efficiency and may make such inquiries as he or she considers appropriate.

(b) Where the person carrying out the investigation under this section is an authorised officer he or she may, for the purposes of making any inquiries as in his or her opinion may be required, use any one or more of his or her powers under *section 137*.

(4) Following the carrying out of the investigation, an authorised officer or member of staff of the Commission shall prepare a draft report of the findings of his or her investigation under *subsection (3)* including whether, in his or her opinion, there are reasonable grounds for believing that a contravention has or has not occurred and the reasons for his or her findings and opinion.

(5) The authorised officer or member of staff of the Commission shall provide his or her draft report to any person who, in the opinion of the authorised officer or member of staff, may be contravening or has contravened his or her obligations under this Part, and shall invite the person to make submissions in writing within the period specified by the authorised officer or member of staff in relation to his or her opinion and the draft report.

(6) The authorised officer or member of staff of the Commission shall consider any submissions made to him or her under *subsection (5)* and, if he or she considers it appropriate, shall revise his or her draft report on foot of any such submissions, and shall include in the report prepared by him or her a summary of the submissions (if any) received by him or her.

(7) The authorised officer or member of staff of the Commission shall, having considered any submissions made to him or her under *subsection (5)*, prepare a report and shall—

(a) set out whether or not in his or her opinion the person is contravening or has contravened this Part,

(b) if he or she considers that the person is contravening or has contravened this Part, make any recommendation as he or she considers appropriate as to what action, if any, the Commission may take in respect of any such contravention, and

(8) The Commission shall consider the report, any submissions made and any recommendations by the authorised officer or member of staff of the Commission presented to it under *subsection (7)*.

(9) The Commission may, as it considers appropriate, invite any person who, in the opinion of the authorised officer or member of staff of the Commission, there are reasonable grounds for believing may be contravening, may have contravened or has contravened his or her obligations under this Part to make further submissions in writing to the Commission within the period specified by it in relation to the opinion of, and the report presented to the Commission under *subsection (7)* by, the authorised officer or member of staff.

(10) Following consideration of the report and any recommendations made by the authorised officer or member of staff of the Commission under *subsection (7)*, and any further submissions under *subsection (9)*, the Commission may—

(a) take no further action,

(b) if it is satisfied that a contravention is taking or has taken place, issue a compliance notice under *section 131* with respect to any person whom the Commission considers is contravening or has contravened the requirements of this Part,

(d) if it is satisfied that a contravention is taking or has taken place, bring a prosecution in respect of any offence that may have been committed in accordance with *section 140(4)*.

(11) Nothing in this Act shall operate to prevent the Commission exercising any of its powers under this Part as it considers appropriate either during or outside an electoral period.

(12) For the purposes of this Part, the Commission may give such directives to an authorised officer or member of its staff (other than the chief executive when he or she is performing his or her functions under *section 133*) as it considers appropriate in the circumstances.

(13) Nothing in this section shall affect the exercise by an authorised officer of any power which, apart from this section, he or she could exercise by virtue of *section 137*, either during or outside an electoral period in connection with the placement, display, promotion or dissemination of an online political advertisement in the State.

##### 131. **Compliance notice**

**131.** (1) Where the Commission is satisfied, following receipt of a report under *section 130*, that there is or has been a contravention by a person of the obligations under this Part, the Commission may serve a notice in writing (in this Part referred to as a “compliance notice”) on the person.

(2) A compliance notice shall—

(a) state the reasons for the Commission being satisfied that there is or has been a contravention referred to in *subsection (1)*,

(b) identify any provision of this Part with respect to which the Commission is satisfied that there is or has been a contravention,

(c) direct the person to take such action as is necessary to bring the contravention to an end or to otherwise remedy the contravention in any other manner as the Commission may specify,

(d) specify the date by which the person is to comply with the compliance notice,

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

(f) state that the person may appeal the compliance notice to the District Court under *section 132* and include information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Commission for the purposes of notifying the Commission of the making of the appeal under *section 132*,

(g) state that, if an appeal is not made in accordance with *section 132* and within the period specified in that section, then—

(i) the compliance notice will be treated as not disputed, and

(ii) the person will be deemed to have accepted the compliance notice and have agreed to comply with it,

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

“(b) be furnished by each subsidiary organisation to the appropriate officer within the period of 3 months from the end of the financial year to which the relevant books of accounts relate, and

##### 196. **Amendment of section 85 of Principal Act**

**196.** Section 85 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Subject to section 91(1), the appropriate officer shall prepare a statement of accounts for the political party concerned and itssubsidiary organisations (in this Part referred to as the ‘annual statement of accounts’) in respect of each financial year.”,

and

(h) state that if the person to whom the compliance notice is given fails to comply with the notice the person shall be guilty of an offence.

(3) The date specified under *subsection (2)(d)* shall not be earlier than the end of the period within which an appeal may be made under *section 132*.

(4) The Commission may—

(a) other than where an appeal has been made to the District Court under *section 132(1)*, amend the compliance notice,

(b) withdraw the notice at any time, or

(c) if no appeal is made or pending under *section 132(1)*, extend the date specified in the notice under *subsection (2)(d)*.

(5) Withdrawal by the Commission of a compliance notice under *subsection (4)(b)* does not prevent the Commission serving another compliance notice on the person, whether in respect of the same matter or a different matter, as circumstances may require.

(6) The Commission may, notwithstanding that the judge of the District Court has not made any direction under *section 132(6)*, conduct a fresh investigation under *section 130* into a matter the subject of a previous compliance notice (and the provisions of *section 130* and this section shall apply to any such investigation).

(7) A person to whom a compliance notice has been given who fails to comply with, or causes or permits another person to fail to comply with, the notice shall be guilty of an offence.

(8) Where in the opinion of the Commission, a person to whom a compliance notice was served is failing or has failed to comply with the notice by or on the day specified in the notice or, where an appeal was made under *section 132(1)*, on the day after the day on which the notice is confirmed or varied on appeal, the Commission may apply to a judge of the District Court in the district court district in which the notice was served or the appeal was heard and determined for an order directing the person to comply with the notice, or the notice as so varied, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order.

##### 132. **Appeal to District Court from compliance notice**

**132.** (1) An appeal may be made to a judge of the District Court in the district court district in which the compliance notice under *section 131* was served on a person by the Commission under *section 131(1)* not later than 7 days from the date on which the compliance notice was served.

(2) An appeal under *subsection (1)*—

(a) shall be in writing,

(b) shall, subject to *subsection (3)*, state all of the grounds on which the appeal is made and provide all of the documents intended to be relied on to support those grounds, and

(c) shall, as soon as may be after it is made to the District Court, be addressed to and be delivered or sent so as to reach the Commission within the period specified in *subsection (1)*.

(3) An appeal shall be made on one or more of the following grounds only:

(a) that the Commission in making its decision committed a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error;

(b) that the Commission did not comply with fair procedures in making its decision.

(4) The Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(5) In determining an appeal of a compliance notice under this section, the judge may—

(a) confirm the notice,

(b) vary the notice on such terms as he or she considers appropriate, or

(6) Where the judge of the District Court sets aside the compliance notice under *subsection (5)(c)* he or she may, as the Court considers appropriate, direct the Commission to—

(a) conduct a fresh investigation under *section 130* into the matter (and the provisions of this section shall apply to such an investigation), or

(b) publish in a specified manner notice of the decision of the Court.

(7) If, on appeal, the compliance notice is not set aside, the notice takes effect on the later of the following:

(a) the day after the day on which the notice is confirmed or varied on appeal;

(b) if the appeal is withdrawn by the appellant, the day after the day it is withdrawn;

(8) If there is no appeal under *subsection (1)*, the compliance notice takes effect on the day specified in the notice.

(9) If there is no appeal under *subsection (1)*, or if the compliance notice is confirmed or varied on appeal, the Commission may publish, in such manner as it thinks fit, notice of the issuing of the compliance notice or the notice as so varied by the Court under *subsection (5)(b)*, to the person including the giving of any advice on the conduct of the person which is giving rise or has given rise to the contravention.

(10) There shall be no appeal to the Circuit Court from a decision of the District Court under this section.

##### 133. **Directions**

**133.** (1) (a) Without prejudice to *section 131*, where, during an electoral period, the chief executive is satisfied from information available to him or her, whether obtained through monitoring of online political advertisements by the Commission, referral to him or her by the Board, information provided by any person or otherwise, that there is or has been a clear contravention of *sections 121*, *122*, *123*, *124* or *125* the chief executive may give a direction in writing (in this Part referred to as a “direction”) to an online platform or buyer of an online political advertisement, or both, that he or she is so satisfied that such a contravention is taking or has taken place and to do or to refrain from doing anything which the chief executive specifies in the direction and to bring the contravention to an end.

(b) A direction shall take effect immediately upon service on the online platform or buyer of an online political advertisement, or both, to whom it is addressed and shall, other than where *subsection (2)(h)* or *subsection (6)*, *(7)* or *(8)* of *section 134* apply, continue in effect until the end of the electoral period.

(2) A direction referred to in *subsection (1)* shall—

(a) state the reasons for the chief executive being satisfied that there is or has been a contravention of a provision of *sections 121*, *122*, *123*, *124* or *125*,

(b) identify the provision of this Part with respect to which the chief executive is satisfied that there is or has been a contravention,

(c) specify the action which the online platform, the buyer of the online political advertisement, or both, shall take with respect to the online political advertisement and its accompanying transparency notice, as the case may require, to remedy the contravention,

(d) specify any action which the online platform, the buyer of the online political advertisement, or both, shall refrain from taking with respect to the online political advertisement and its accompanying transparency notice, as the case may require,

(e) specify any information required under the direction to be given to the chief executive by the online platform, the buyer of the online political advertisement, or both, in respect of any matter specified in the direction,

(f) specify the date and time by which the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed is to comply with the direction,

(g) specify the date and time by which the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed shall confirm to the chief executive that the direction has been complied with,

(h) state that the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed may appeal the direction in writing to the Board under *section 134(1)* within the period specified in that subsection, and include information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Board for the purposes of making the appeal under *section 134(1)*,

(i) state that, if an appeal is not made in accordance with *section 134* and within the period specified in that section, then—

(i) the direction will be treated as not disputed, and

(ii) the online platform or buyer of an online political advertisement, or both, will be deemed to have accepted the direction and has or have agreed to comply with it,

(b) in subsection (2), by the substitution of the following paragraph for paragraph (a):

“(a) (i) comply with such requirements as to its form and contents (including any requirements provided for under FRS 102) as may be provided for in guidelines,

(ii) include a breakdown of the aggregate amount of donations received by the political party and each of its subsidiary organisations as provided for in guidelines, and

(iii) include all property within the ownership of the political party, and its subsidiary organisations, whether mortgaged, charged, alienated or otherwise encumbered,

and”.

##### 197. **Amendment of section 86 of Principal Act**

**197.** Section 86 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) Subject to section 91(1) and (2), the annual statement of accounts of a political party, and of each of its subsidiary organisations, in respect of a financial year shall be audited by a statutory auditor.”.

##### 198. **Amendment of section 88 of Principal Act**

**198.** Section 88 of the Principal Act is amended—

(a) in subsection (3)—

(i) by the insertion, in paragraph (a), of “(including any requirements under FRS 102)” after “guidelines”,

(ii) by the insertion, in paragraph (c), of “(including any requirements under FRS 102)” after “guidelines”, and

(iii) by the insertion of “and on the outcome of any prosecution that may have been instigated under section 92” after “in its possession)”,

(b) in subsection (4), by the insertion of “(including any requirements under FRS 102)” after “guidelines”, and

(c) in paragraph (b) of subsection (6), by the insertion of “and on the outcome of any prosecution that may have been instigated under section 92” after “non-compliance”.

##### 199. **Amendment of Principal Act - insertion of sections 91 and 92**

**199.** The Principal Act is amended by the insertion of the following sections after section 90:

**“Subsidiary organisations**

**91.** (1) Where a subsidiary organisation of a political party has—

(a) an income of €15,000 or less in a calendar year, or

(b) holds cash or similar assets, land or buildings of less than €40,000 in value at any time during a calendar year,

sections 85(1), 86(1) and 87(1) shall not apply and the appropriate officer of the political party shall not be required to prepare an annual statement of accounts for that subsidiary organisation.

(2) Where a subsidiary organisation of a political party—

(a) has an income greater than €15,000 but less than €40,000 in a calendar year,

(b) holds cash or similar assets, land or buildings valued at greater than €40,000 but less than €100,000 in value at any time during a calendar year, or

sections 86(1) and 87(1)(b) shall not apply and the annual statement of accounts for that subsidiary organisation shall not be required to be audited by a statutory auditor.

(3) For the avoidance of doubt, where a subsidiary organisation of a political party—

(a) has income greater than €40,000 in a calendar year,

(b) holds cash or similar assets, land or buildings greater than €100,000 in value, or

the requirements of sections 85(1), 86(1) and 87(1) shall apply to that subsidiary organisation and the appropriate officer of the political party shall be required to prepare an annual statement of accounts for that subsidiary organisation and those annual statements of accounts shall be audited by a statutory auditor.

(4) For the purposes of calculating the amounts specified in subsections (1), (2) and (3), transfers, between a political party and a subsidiary organisation or between one subsidiary organisation and another subsidiary organisation of a political party, shall be excluded so as to avoid the double counting of such transfers.

**Offences and penalties**

**92.** (1) The appropriate officer shall be guilty of an offence if he or she—

(a) fails to keep, or cause to be kept, all proper and usual books of accounts under section 84,

(b) fails to prepare an annual statement of accounts in respect of each financial year under section 85,

(c) fails to furnish an annual statement of accounts and a copy of the auditor’s report no later than the end of the period provided for in section 87,

(d) fails to furnish an annual statement of accounts and a copy of the auditor’s report to the Standards in Public Office Commission, or

(e) knowingly furnishes a statement of accounts to the Standards in Public Office Commission which is false or misleading in any material respect.

(2) It shall be a defence to proceedings for an offence under this section for the person charged with the offence to show that he or she took all reasonable steps to avoid the commission of the offence.

(3) Where a person is guilty of an offence under this section—

(a) the person shall be liable on summary conviction to a class D fine,

(b) the person shall be liable, where the offence is an offence referred to in paragraphs (b), (d) or (e) of subsection (1), on conviction on indictment to a fine not exceeding €25,000 to imprisonment for a period not exceeding 3 years or to both, and

(c) where the conviction relates to a failure to furnish an annual statement of accounts and a copy of the auditor’s report referred to in section 87, the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €100.

(4) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission. ”.

## PART 8 Polling on Islands

##### 200. **Amendment of Act of 1992**

**200.** The Act of 1992 is amended—

(a) in section 86—

(i) by the deletion of “, other than a poll taken on a day specified under section 85,”, and

(ii) in paragraph (a), by the insertion of—

(I) “sudden onset of” before “stress of weather”, and

(II) “unforeseen” before “transport difficulties”,

(b) in section 96, by the insertion of the following subsections after subsection (1):

“(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

(1C) Where an order is made under subsection (1A), the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under subsection (1)(a) on which, and the period shortened by the order under subsection (1A) during which, the poll shall be taken on the island.

(1D) In subsection (1A), ‘local circumstances’ includes:

(a) the number of Dáil electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112;

(d) foreseen transport difficulties.”,

(d) in section 114, by the substitution of the following subsection for subsection (2):

“(2) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under section 112 at or before the time specified in subsection (1) due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with subsections (1) and (1A), and paragraph (a).

(c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes and been dealt with in accordance with subsections (1) and (1A), and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and he or she shall, on request allow the agent of any candidate to copy the statement.”.

##### 201. **Amendment of Act of 1993**

**201.** The Act of 1993 is amended—

(a) in section 3(3), by the deletion of paragraph (h),

(b) in section 7—

(i) by renumbering the existing section as subsection (1), and

(ii) by the insertion of the following subsections after subsection (1):

“(2) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the local returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period referred to in subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(3) A poll the subject of an order under subsection (2) shall continue on the island for not less than 4 hours.

(4) Where an order is made under subsection (2), the local returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed by the presidential election order on which, and the period shortened by the order under subsection (2) during which, the poll shall be taken on the island.

(5) An order made under subsection (2) shall be published in *Iris Oifigiúil* as soon as may be after it is made.

(6) In subsection (2), ‘local circumstances’ includes:

(a) the number of presidential electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112 of the Act of 1992;

(d) foreseen transport difficulties.”,

and

(j) state that if the online platform or buyer of an online political advertisement, or both, to whom the direction is given fails to comply with the direction he, she or it shall be guilty of an offence.

(3) The action specified as being required under *subsection (2)(c)* may include a requirement to suspend the online political advertisement and its accompanying transparency notice on the online platform from where it can be accessed or seen by users of the platform until the contravention is brought to an end or otherwise remedied in accordance with the direction.

(4) The chief executive may request in writing information from any person within the period specified in the request as he or she may reasonably require for the purposes of the performance of his or her functions under *subsection (1)*.

(5) The chief executive may amend (including to extend the date and time specified in *subsection (2)(f)* and *(g)*) or withdraw any direction given by him or her under this section, other than where—

(a) an appeal has been made to the Board under *section 134(1)*,

(b) an order has been made by the High Court in relation to the direction under *subsection (8)* or *(9)*,

(c) on appeal to it under *section 134(1)*, the Board has made a determination under *section 134(7)* varying or cancelling the direction, or

(d) on an appeal to it under *section 134(1)*, the determination of the Board under *section 134(7)* confirming or varying the direction is the subject of an application for leave to apply for judicial review or an application for such judicial review.

(6) Withdrawal by the chief executive of a direction under *subsection (5)* does not prevent the chief executive giving another direction to the online platform or the buyer of an online political advertisement, or both, whether in respect of the same matter or a different matter, as circumstances may require.

(7) An online platform or a buyer of an online political advertisement, or both, to whom a direction has been given by the chief executive who fails to comply with, or causes or permits another person to fail to comply with, the direction shall be guilty of an offence.

(8) Where, in the opinion of the chief executive, an online platform or buyer of an online political advertisement to whom a direction was given is failing or has failed to comply with the direction by or on the date and time specified in the direction or, where an appeal was made under *section 134(1)* and the direction was varied by the Board on appeal, the direction as so varied, the chief executive may, by motion, apply to the High Court for an order directing the online platform or buyer of an online political advertisement, or both, to comply with the direction, or the direction as so varied, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order or make such order including an order varying the direction as it considers appropriate in the circumstances.

(9) (a) The High Court, when considering the application under *subsection (8)*, may make such interim or interlocutory order (if any) as it considers appropriate.

(b) The order of the High Court determining the application under *subsection (8)* may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(10) Nothing in this section shall operate to prevent the Commission (including the Board) providing information to the chief executive for the purpose of the performance by him or her of his or her functions under this section.

##### 134. **Appeal to Board from direction**

**134.** (1)(a) An appeal may be made to the Board in respect of a direction given by the chief executive under *section 133(1)* not later than 3 days from the date on which the direction was served, but the making of an appeal shall not, pending the outcome of the appeal, affect the operation of the direction, unless the Board otherwise directs.

(b) An appeal under *paragraph (a)* may be made by—

(i) the online platform, or

(ii) where the direction materially affects the placement, display, promotion or dissemination of an online political advertisement on the online platform, the buyer of the online political advertisement concerned.

(i) an online platform as provided for by *paragraph (b)(i)*, the buyer of the online political advertisement shall be entitled to make submissions to, and if an oral hearing is conducted, to be heard by, the Board in relation to the matters the subject of the appeal, or

(ii) a buyer of an online political advertisement as provided for by *paragraph (b)(ii)*, the online platform on which the online political advertisement concerned is placed, displayed, promoted or disseminated shall be entitled to make submissions to, and if an oral hearing is conducted, to be heard by, the Board in relation to the matters the subject of the appeal.

(2) An appeal under *subsection (1)*—

(a) shall be in writing,

(b) shall state all of the grounds on which the appeal is made and provide to the Board all of the documents and evidence intended to be relied on to support those grounds, and

(c) shall be addressed to the chairperson of the Board and be delivered or sent so as to reach the chairperson within the period specified in *subsection (1)*.

(3) The Board shall determine an appeal without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(4) The Board may make such rules and establish such procedures in relation to the conduct of appeals and oral hearings as it considers appropriate and shall publish those rules and procedures on a website maintained by or on behalf of the Commission.

(5) The chairperson of the Board shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing or ensure that the hearing is conducted expeditiously and without undue formality.

(6) The Board, in determining an appeal under this section—

(a) shall consider the grounds for the appeal stated pursuant to *subsection (2)(b)*,

(b) shall consider the online political advertisement or its accompanying transparency notice, or both, and any such other information in connection with the online political advertisement or its accompanying transparency notice as, in the opinion of the Board, may be relevant to its determination, and

(7) In determining an appeal under this section, the Board may, if satisfied that it is reasonable to do so—

(a) confirm the direction,

(b) vary the direction on such terms as it considers appropriate, or

(8) If, on appeal, the Board varies the direction, the direction as so varied takes effect immediately on the determination of the appeal.

(9) The Board may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, specify procedures in respect of the conduct of the appeal.

(10) The Board may request in writing information from any person within the period specified in the request as it may reasonably require for the purposes of the performance of its functions under this section.

(11) An appeal under this section shall be heard by the Board or by such specified member or members of the Board as may be appointed by the Board to hear the appeal.

(12) An appeal under this section shall be heard and determined as soon as is practicable.

(13) Nothing in this section shall operate to prevent the Board providing information to the chief executive for the purpose of the performance by him or her of his or her functions under *section 133*.

##### 135. **Judicial review**

**135.** Nothing in this Part shall be construed as limiting the entitlement of a person affected by a decision of the Commission to apply to the High Court to seek relief by way of an application for judicial review.

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

**136.** (1) An online platform shall retain information, documents and records evidencing the procedures and measures applied, and the information and documents obtained, by it for the purposes of demonstrating compliance with *subsections (2)* and *(5)* of *section 121*, *subsections (1)* and *(2)* of *section 122*, *subsections (1)*, *(2)*, *(3)*, *(5)* and *(7)* of *section 123* and *subsections (1)* and *(4)(a)* of *section 125* for a period of 30 months after the date on which a buyer of an online political advertisement purchased an online political advertisement for placement, display, promotion or dissemination on the platform or the date on which the online platform removed from its platform an online political advertisement placed, displayed, promoted or disseminated on the platform by the buyer, whichever is the later.

(2) Without prejudice to the generality of *subsection (1)*, an online platform shall—

(a) take and retain the original or a copy of all documents, information or records provided by a buyer of an online political advertisement to the online platform and used by it to verify the identity and address of the buyer, and

(b) retain documents and records generated by the online platform in relation to the purchase of an online political advertisement and its placement, display, promotion or dissemination on the platform by a buyer of an online political advertisement.

(3) A buyer of an online political advertisement shall retain information, documents and records evidencing the information and documents provided by him, her or it for the purposes of demonstrating compliance with *section 121(2)*, *subsections (1)* and *(2)* of *section 122*, *subsection (2)*, *(3)*, *(5)* and *(7)* of *section 124* and *section 125(1)* for a period of 30 months after the date on which the buyer of the online political advertisement purchased the online political advertisement for placement, display, promotion or dissemination on an online platform or the date on which the online platform removed from its platform the online political advertisement placed, displayed, promoted or disseminated on the platform by the buyer, whichever is the later.

(4) Without prejudice to the generality of *subsection (3)*, a buyer of an online political advertisement shall—

(a) retain the original or a copy of all documents, information or records provided by the buyer to the online platform to verify the buyer’s identity and address, and

(b) retain documents and records generated by the buyer in relation to the purchase of an online political advertisement and its placement, display, promotion or dissemination on the online platform by the buyer.

(5) An online platform or a buyer of an online political advertisement may retain the documents, information or records wholly or partly in electronic, mechanical or other non-written form only if they are capable of being reproduced in a written form.

(6) The documents, information or records required to be retained by an online platform or a buyer of an online political advertisement shall be retained in the State and shall be made available on request, to—

(a) the Commission,

(b) the chief executive,

(d) a member of the Garda Síochána.

(7) The requirements imposed by this section are in addition to and not in substitution for any other requirements imposed by any other enactment or rule of law with respect to the keeping and retention of documents, information or records by an online platform or a buyer of an online political advertisement.

(8) The obligations imposed on an online platform or buyer of an online political advertisement under this section shall continue to apply to the online platform and the buyer of an online political advertisement notwithstanding that the online platform has ceased the placement, display, promotion or dissemination of an online political advertisement on its platform or has removed an online political advertisement from its platform.

(9) A requirement for an online platform or buyer of an online political advertisement that is a body corporate to retain any documents, information or records under this section extends to any body corporate that is a successor to, or continuation of, the body corporate.

(10) An online platform or a buyer of an online political advertisement who or which fails to comply with this section shall be guilty of an offence.

##### 137. **Powers of authorised officers**

**137.** (1) For the purposes of this Part and ensuring compliance with its provisions, an authorised officer may—

(a) subject to *subsection (3)* enter (if necessary by the use of reasonable force) or, where the premises is a vehicle, stop and enter (if necessary by the use of reasonable force) at all reasonable times any premises—

(i) that he or she has reasonable grounds for believing has been or is being used in connection with the placement, display, promotion or dissemination of an online political advertisement, and

(ii) at which he or she has reasonable grounds for believing that information, documentation, books, records or relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement are kept,

and search and inspect the premises and any information, documentation, books, records or relevant things at that premises,

(b) secure for later inspection any premises or any part of any premises which is being used in connection with the placement, display, promotion or dissemination of an online political advertisement, or where such information, documentation, books, records or relevant things are kept or there are reasonable grounds for believing that such information, documentation, books, records or relevant things are kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Part,

(c) require any person employed in connection with the placement, display, promotion or dissemination of an online political advertisement to produce to the authorised officer such information, documentation, books or records and where such information, documentation, books or records are kept in non-legible form to reproduce in a legible form and to give him or her any information as the officer may reasonably require in relation to such information, documentation, books or records,

(d) inspect and take copies of, or extracts from, any such information, documentation, books, records or relevant things at the premises in connection with the placement, display, promotion or dissemination of an online political advertisement, including in the case of information in non-legible form, copies of or extracts from such information in a permanent legible form or require that such a copy be provided,

(e) make a record whether in writing, by photography or otherwise of any information, documentation, books, records or relevant things at the premises in connection with the placement, display, promotion or dissemination of an online political advertisement,

(f) remove and retain such information, documentation, books, records or relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement for such periods as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part,

(g) require any such person to give to the authorised officer any information which the authorised officer may reasonably require in connection with the placement, display, promotion or dissemination of an online political advertisement,

(h) require any such person to give to the authorised officer any other assistance or information which the authorised officer may reasonably require in connection with the placement, display, promotion or dissemination of an online political advertisement,

(i) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,

(j) summon, at any reasonable time, any other person employed in connection with the placement, display, promotion or dissemination of an online political advertisement to give the authorised officer any information which the authorised officer may reasonably require and to produce to the authorised officer any records which are in the power, possession or control of that other person,

(k) carry out, or arrange to have carried out, inspections and such checks of the premises or relevant things on the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part,

(l) pay or make tender of payment for the purchase of an online political advertisement, or confirm, by such other manner as he or she considers appropriate, that the requirements of this Part are being complied with,

(m) require a person, who makes available facilities such as post office boxes, telecommunications or electronic mail addresses or other like facilities, to give him or her such assistance and information as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part in any case where the officer has reasonable grounds for believing that an online political advertisement is being commissioned by mail or other means of delivery,

(n) at the direction of the Commission, serve compliance notices, and

(o) take possession of and remove from the premises for examination and analysis any relevant things in connection with the placement, display, promotion or dissemination of an online political advertisement, and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part.

(2) When performing a function under this Part, an authorised officer may, subject to any warrant under *subsection (5)*, be accompanied by such number of authorised officers or members of the Garda Síochána as he or she considers appropriate.

(3) An authorised officer shall not enter a dwelling, other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under *subsection (5)*.

(4) Where an authorised officer is, in the exercise of his or her powers under this section, prevented from entering any premises an application may be made under *subsection (5)* authorising such entry.

(5) Without prejudice to the powers conferred on an authorised officer under this section, where a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds to suspect that—

(a) there is information required by an authorised officer for the purposes of his or her functions under this Part on or at any, or any part of any dwelling,

(b) information, documentation (including documentation stored in non-legible form), books, records or relevant things referred to in *subsection (1)(a)* are being stored or kept in any dwelling, or

(c) a dwelling is occupied in whole or in part by an undertaking engaged in association with any trade, business or activity connected with the placement, display, promotion or dissemination of an online political advertisement,

the judge may issue a warrant authorising an authorised officer (accompanied, where appropriate, by such other authorised officers or members of the Garda Síochána or both as may be necessary) at any time or times within one month of the date of issue of the warrant, on production if so requested of the warrant, to enter the premises or dwelling as the case may be, using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.

(6) A person who—

(a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power under this section,

(b) fails or refuses to comply with a requirement of an authorised officer or a member of the Garda Síochána under this section,

(d) in purported compliance with a compliance notice gives information that is false or misleading in a material respect, or

(e) fails or refuses to comply with a requirement of an authorised officer under *subsection (7)*,

shall be guilty of an offence.

(7) Where an authorised officer, upon reasonable grounds, believes that a person has committed an offence under this Part, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides and, if the authorised officer considers it necessary, to produce corroborative evidence of his or her name and address.

(8) A statement or admission made by a person pursuant to a requirement under *subsection (1)* shall not be admissible as evidence in proceedings brought against the person for an offence under this Act (other than an offence under *paragraph (a)*, *(b)*, *(c)* or *(d)* of *subsection (6)*).

(9) The powers of an authorised officer conferred on him or her by or under this section shall apply, in like manner and with all necessary modifications, to the Commission.

(10) In this section—

“data equipment” means any electronic, photographic, magnetic, optical or other equipment for processing data;

“record” includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

and any reference to a copy of a record includes—

(i) in the case of a record to which *paragraph (a)* applies, a transcript of the sounds or signals embodied therein,

(ii) in the case of a record to which *paragraph (b)* applies, a still reproduction of the images embodied therein, and

(iii) in the case of a record to which *paragraph (a)* and *(b)* apply, such a transcript together with such a still reproduction.

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

**138.** (1) The Commission may at any time, by notice in writing, require an online platform or a buyer of an online political advertisement to provide it with such written information which the Commission shall specify in the notice as it considers necessary to enable it to carry out its functions under this Part.

(2) An online platform or a buyer of an online political advertisement shall be guilty of an offence if he or she or it—

(a) fails to comply with a requirement made under *subsection (1)* within the period specified in the notice or within such extended period as the Commission allows, or

(b) in purporting to comply with such a requirement, provides to the Commission information that the online platform or buyer knows to be false or misleading.

(3) In proceedings for an offence under *subsection (2)(a)*, it is a defence if the online platform or buyer of an online political advertisement establishes—

(a) that he or she or it did not know and could not be reasonably expected to know or ascertain the required information, or

(b) that the disclosure of the information was prohibited by a law of the State.

(4) If, after being convicted of an offence under this section, an online platform or a buyer of an online political advertisement continues to fail to comply with the requirement made under *subsection (1)*, the online platform or the buyer commits a further offence on each day or part of a day during which the failure continues.

##### 139. **Power of Commission to request information from other persons**

**139.** (1) The Commission may require any person (other than an online platform or a buyer of an online political advertisement) who possesses information or possesses or controls a document or relevant thing that is relevant to the performance by the Commission of any of its functions under this Part to provide the information, document or thing to the Commission and, where appropriate, may require the person to attend before it for the purpose of the performance by the Commission of any of those functions.

(2) A person referred to in *subsection (1)* shall co-operate with the Commission in its performance of its functions and answer fully and truthfully any question put to him or her by it.

(3) Where a person fails to comply with a requirement made under *subsection (1)*, the Commission may apply to the High Court, on notice to the person, and the High Court may—

(a) order the person to comply with the requirement, and

(b) include in the order any other provision it considers necessary to enable the order to have full effect.

(4) If the person fails to comply with an order of the High Court under *subsection (3)*, the Court may treat the failure for all purposes as if it were a contempt of the Court.

(5) Any information, document or relevant thing provided by a person in accordance with a requirement made under *subsection (1)* shall not be admissible in any criminal proceedings against the person, and this shall be explained to the person in ordinary language by the Commission.

(6) The power under *subsection (1)* is in addition to any other power conferred on the Commission, the chief executive, an authorised officer or member of staff of the Commission by this Part.

##### 140. **Offences and penalties**

**140.** (1) A person guilty of an offence under this Part shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

(2) Where a conviction under *subsection (1)* relates to a further offence under *section 138(4)*, the person convicted shall be liable to a further penalty of €100 for each day or part of a day on which that further offence is committed.

(3) In proceedings for an offence under this Part, it shall be a defence for the accused to prove that the accused exercised due diligence and took all reasonable precautions to avoid commission of the offence.

(4) Subject to *subsection (5)*, summary proceedings for an offence under this Part may be brought and prosecuted by the Commission.

(5) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Part may be instituted within 2 years from the date on which the offence was committed or alleged to have been committed.

(7) Where an offence under this Part is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(8) Where the affairs of a body corporate are managed by its members, *subsection (7)* applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(9) (a) Where a person is convicted of an offence under this Part, the court may, where it is satisfied that there are good reasons for so doing, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including the costs and expenses of and incidental to an examination of any information provided to the Commission or an authorised officer.

(b) An order for costs and expenses referred to in *paragraph (a)* shall be in addition to and not instead of any fine or penalty the court may impose.

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

**141.** An online platform may either itself or by means of another service provider or agent engaged by the online platform for that purpose apply a measure or undertake any action required under this Part provided that the online platform remains liable—

(a) for any failure to apply the measure or comply with any requirement, and

(b) for complying with any obligation imposed on the online platform under this Part.

##### 142. **Service of documents**

**142.** A notice or other document that is required to be served on or given to a person under this Part shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(b) by delivering it to the person;

(c) by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been furnished, at that address;

(d) by sending it by post in a prepaid registered letter or by any other form of recorded delivery service to the address referred to in *paragraph (c)*.

##### 143. **Review of *Part 4***

**143.** (1) The Commission shall commence a review of the operation of this Part not later than 3 years after the coming into operation of this section.

(2) The Commission shall, not later than 12 months after the commencement of a review under *subsection (1)*, submit a report to the Minister of the findings of a review under *subsection (1)*.

(3) A report under *subsection (2)* may include such recommendations as the Commission considers appropriate to maintain or enhance the operation of this Part.

## 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—

(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

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

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

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

(d) may cause public 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;

(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,