CONTENT
Electoral Reform Act 2022
CONTENT
Electoral Reform Act 2022
Origin
Provides the legal basis for many of the electoral reforms described in the Programme for Government – Our Shared Future (29 October 2020)
General overview
The Irish Electoral Reform Act 2022 (the Act) contains detailed reforms to the electoral system, including the establishment of an independent Electoral Commission, the regulation of online political advertising and the modernisation of the electoral registration process.
Part 4 and Part 5 of the Act, once commenced, will be particularly relevant for online platforms.
Part 4 obliges online platforms to take certain measures to ensure transparency in respect of online political advertisements (such as labelling political advertisements and verifying the identity of the buyer of an online political advertisement).
Part 5 imposes an obligation on online platforms to notify the Electoral Commission of disinformation misinformation or manipulative and inauthentic behaviour they become aware of on their platform.
Online platforms will also be required to put a notification mechanism in place allowing any individual, entity or person to notify them of the presence of disinformation misinformation or manipulative and inauthentic behaviour on their platform.
The provisions in Parts 4 and 5 were formally notified in draft form to the European Commission pursuant to the Technical Regulation Information System procedure. The European Commission subsequently issued a detailed opinion on Part 4 and observations on Part 5, finding that certain provisions were in breach of EU law.
The Department of Housing, Local Government and Heritage has said it is continuing to engage with the European Commission with a view to resolving outstanding issues prior to the commencement of Parts 4 and 5.
Status
Signed into law by the President on 25 July 2022
Certain provisions of the Act have been commenced
Parts 4 & 5 not yet been commenced
Department of Housing engaging with the European Commission on outstanding issues regarding Parts 4 & 5
ACT PARTLY COMMENCED
(Parts 4 & 5 not yet commenced)