Instead of being forced to ignore the election campaign in the last 24 hours before the opening of polling stations, broadcasters are instead being told to be cautious in their coverage.
The moratorium, which has been in place since 1997 and did not apply to print or online media, was seen as increasingly antiquated in the era of misinformation and fake news.
The regulator launched a review of the rule last February, which included an examination of how other countries dealt with “election silence”, and also an opinion poll seeking the public’s views.
Darragh O’Brien, the Housing Minister, wrote to the regulator in May pointing out that the current rules mean that a targeted social media campaign from “potential bad actors in the hours before and during polling” had to go unchallenged on broadcast media. “I believe this is ripe for manipulation,” he said.
The new ‘additional care’ requirement simply tells broadcasters that during the “critical election period”, generally considered from the eve of polling day until after voting stations shut, they should treat with extreme care information relating to the election that may have been circulated with the intention of misleading or confusing voters.
The implementation of this additional care requirement is at the editorial discretion of the broadcaster, the regulator say. It can include rebutting or correcting misconceptions arising from misleading information.
Once the date of an election is confirmed, Coimisiún na Meán says it will publish information for candidates on the role it plays in relation to broadcasting and online safety regulation, and how it can help them.
“We will also engage with online platforms on their preparations for the elections, to ensure that they play their part in upholding electoral integrity and ensuring that people across Ireland can make free, fair and informed choices about where to cast their vote,” it said.
Broadcasters are also being told to take additional care to ensure that opinions expressed by programme contributors do not make false or misleading claims about election procedures. They are also being asked not to report on opinion polls or exit polls during polling hours.
The broadcasting moratorium was introduced for the presidential election of 1997. At first it covered the entire day before an election, and polling day itself. Following objections from independent broadcasters before the general election of 2011, the start time was moved to 2pm on the eve of polling.
Guidance issued by Coimisiún na Meán to broadcasters in April, prior to the local and European elections, was that “discussion and analysis of election issues, the merits or otherwise of election candidates and/or their policies, must finish at 2pm on the day of the poll”.
It told broadcasters to ensure programme repeats did not contain material that would breach the moratorium, and to take particular care when commenting upon or covering newspaper reviews, online content or social media.
Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner Aoife MacEvilly said: “A media landscape that supports democracy and democratic values, underpins civic discourse and reduces the impact of disinformation is a priority for us. During election periods, broadcasters across Ireland play a crucial role in informing the public about the issues and candidates involved in the election campaign.
“The annual Reuters Digital News Report, which was published in June, found that trust in news remains high in Ireland compared to other countries. We recognise the trust that Irish viewers and listeners place in broadcasters and our approach to the moratorium reflects Ireland’s changing media landscape.”
