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State media regulator Coimisiún na Meán has partnered with An Garda Síochána to jointly publish an information pack for all general election candidates about what to do when faced with “harmful and/or illegal content or behaviour online”.
The pack provides candidates with information about the roles of An Garda Síochána and Coimisiún na Meán, while highlighting different “types of scenarios” they might encounter during the campaign and what they can do in response.
Reporting mechanisms for various internet platforms such as X, Facebook and Instagram among others are listed in case candidates wish to bring “harmful or illegal content” to the attention of the provider.
If a platform fails to comply with procedure, the guide states, a complaint can be made to Coimisiún na Meán, which has set up a dedicated email for candidates for the duration of the election period.
The guide is issued in line with An Coimisiún’s ‘Online Safety Framework’, which the guide states “aims to drive behavioural change from the platforms” by making them “accountable for how they protect
people from potential harm or exposure to illegal content online”.
The first scenario outlined in the guide relates to threats received by candidates offline, which are then followed by credible threats on the internet.
Candidates are advised to contact gardaí if they fear for their immediate safety.
“Please note that a threat to life invokes a response under Article 2 of the European Convention on Human Rights ‘Right to Life’, placing an obligation on authorities to take reasonable steps to protect a
person whose life is in danger.
“Secondly, even where posts may not have a threat to life, some of these online messages could be illegal,” the guidance reads.
Another scenario references “racist comments” in the form of “horrible messages under my videos and posts online, telling me to ‘go home’”.
“It can be very upsetting to receive harmful comments like this. We understand sometimes it isn’t the severity of the racist message, it’s the volume.
“In terms of reporting to Coimisiún na Meán, you will first need to report these posts to the platform. Such posts may constitute illegal content, or be contrary to the platform’s terms and conditions, or both,” the document says.
The topic of ‘deepfakes’ (manipulated images or video, frequently produced using artificial intelligence) is also raised, with candidates advised to make the platform on which they appear aware, should the scenario arise.
“Some platforms do not allow disinformation, for example, and deepfakes would fall within this,” it says.
The pack states that under the EU’s Digital Services Act (DSA), recommendations indicate deepfakes should be “clearly labelled or have appropriate markings” to indicate their artificial nature when it comes to elections.
A section clarifying what constitutes “illegal content” lists a number of types of online content or commentary and the legislation that it “may be” illegal under.
For example, content that is “threatening, abusive or insulting and intended or likely to stir up hatred against a group of people on account of their race, colour, nationality, religion, ethnic or national origins, membership of the Travelling Community or sexual orientation,” is listed as potentially illegal under the Prohibition of Incitement to Hatred Act, 1989.
Speaking at the launch of the pack, Deputy Commissioner, Policing Operations at An Garda Síochána, Shawna Coxon said that “it is important everyone feels free to participate in the electoral process, whether they are engaging in real life or online”.
“That is why An Garda Síochána and Coimisiun na Meán are working together to support our democracy by keeping people safe online during this election,” she said.
Digital Services Commissioner at Coimisiún na Meán, John Evans said that “it is important that people are empowered to run as candidates in any election without being discouraged by illegal abuse or behaviour online”.
“We want our media landscape to support democracy and electoral integrity, and we hope that this information pack will help candidates understand their rights online and where to turn to for help, if needed. We’re also engaging with online platforms on their preparations for the election and we expect them to play their part in ensuring that people can make free, fair and informed choices about where to cast their vote”.
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