The Department of the Environment, Climate and Communications has confirmed that it has not conducted any analysis or research into the potential free speech impact of misinformation and disinformation regulations.
In response to a query from Gript, a spokesperson for the Department stated: “The Department has not undertaken any analysis or research on the potential impact of mis/disinformation laws on free speech.”
The confirmation comes as Taoiseach Micheál Martin defended the Government’s efforts to regulate misinformation, telling Gript outside Government Buildings this week that “it’s not freedom of speech, really, when it’s just a blatant lie and untruth, which can create a lot of public disquiet, as we have seen.”
“There are very strong protections in our constitution and in our laws and freedom of speech,” he said.
“So I wouldn’t overstate the impact on clamping down on blatant lies online as a sort of incursion or an undermining of freedom of speech.
“We believe in freedom of speech in this country and we will always support it and protect it to the best possible degree.”
Martin was responding to questions about the Government’s plans to regulate misinformation and disinformation, which are referenced nine times in the Programme for Government.
When asked if it was irresponsible not to carry out research into the free speech implications of such regulation, Martin pointed to a recent discussion on RTÉ’s Morning Ireland programme.
“Well, there was a good bit of research this morning on Morning Ireland about misinformation last Sunday in respect of the shooting in Carlow,” he said.
“There was a researcher on identifying the blatant misinformation on truths and lies surrounding what happened in Carlow. So I do think it’s absolutely important that government focuses on this issue.”
The Taoiseach further criticised the spread of false claims online about the Carlow shooting incident.
“I watched social media,” he said.
“People were saying on social media that seven people had been killed, that people had been shot that were not shot. And I’m conscious that there was a family in mourning right now.
“The level of misinformation on Sunday was quite shocking,” he continued.
“And you can’t just ignore that and say, well, we don’t have to do anything about that.”
In response to concerns raised about potential restrictions on free speech, Martin said he believed the risks were being overstated.
“I believe that people are overstating the dangers to freedom of speech in efforts to address misinformation and untruths,” he said.
“And I think we have to do that too. The same focus doesn’t seem to apply to the untruth part of this or the misinformation part of this.”
Ireland has introduced a number of major pieces of legislation targeting misinformation and disinformation. The Online Safety and Media Regulation Act 2022 created Coimisiún na Meán as Ireland’s national media regulator, with powers to issue Online Safety Codes against harmful content.
Ireland is also bound by the EU’s Digital Services Act, which imposes transparency and accountability requirements on major online platforms in their handling of illegal content, including disinformation.
The Electoral Reform Act 2022, meanwhile, defines “misinformation” as false or misleading online electoral information that may cause public harm, regardless of intent, and disinformation as false or misleading electoral information intended to deceive and cause harm. It grants An Coimisiún Toghcháin (the Electoral Commission) authority to regulate online political advertising and combat disinformation during election periods.
Independent TD Carol Nolan has criticised the Government’s approach, saying: “Given the gravity of the issues at stake, and the threat to fundamental freedoms that so-called mis/disinformation strategies represent, it is utterly remarkable that basic due diligence, in the form of even the most minimal impact assessment was not conducted.”
Meanwhile, Aontú leader and TD Peadar Tóibín also raised concerns.
“The Government is in very dangerous territory in terms on encroaching on the freedom of speech,” Tóibín said.
“Freedom of speech is the foundation of democracy. The competition of ideas allows the best ideas percolate to the top and become policy. The fact that the government hasn’t even undertaken any research on the potential negative impacts on restrictions to freedom of speech is incredible. This is not evidence based policy.”
Gript previously asked then-Media and Communications Minister Catherine Martin a question about the same issue, the clip of which can be viewed below.