2024/0374/IE
EC/EFTA
IE Irlande
  • SERV60 - Services liés à Internet
2024-10-04
2024-07-05

Providers of intermediary services will be required to comply with compliance notices that may issue fromthe Electoral Commission in connection with electoral process disinformation and/or manipulative / inauthenticbehaviour during electoral periods.

Part 5 of the Electoral Reform Act 2022

Part 5 of the Electoral Reform Act 2022 is being notified prior to its commencement, along with the GeneralScheme of the Electoral Reform (Amendment) Bill 2024 which makes amendments into the original Part 5.

Part 5 of the Electoral Reform Act 2022 is intended to protect the integrity of Ireland's elections against onlinemisinformation, online disinformation and online inauthentic / manipulative behaviour.
When it is in force, it is intended that Part 5 will provide that Ireland’s Electoral Commission (An CoimisiúnToghcháin) will be assigned monitoring and investigatory functions with regard to the dissemination ofdisinformation online relating to electoral processes, misinformation online relating to electoral processes aswell as functions to prevent manipulative or inauthentic behaviours online in the context of electoral processes.In light of the legislative developments within the European Union since the enactment of the Electoral ReformAct 2022, it is proposed to bring forward amendments to Part 5 to align and harmonise its provisions with thoseof the EU Digital Services Act and the relevant provisions of the eCommerce Directive.
A consolidated version of Part 5 (i.e. Part 5 with the proposed relevant amendments included) is notified.
The provisions of Part 5 were originally notified to the European Commission under notification number2022/0376/IRL (which has now been withdrawn by the Irish authorities) during the passage of the thenElectoral Reform Bill through the Houses of the Oireachtas (i.e. Houses of Parliament). Part 5 was nevercommenced and is currently not in force. All of the provisions in both Part 5 of the Electoral Reform Act 2022and in the amendments in the General Scheme can be amended if necessary following the conclusion of theTRIS process to take account of the Commission’s responses and before the provisions enter into force.