A long-standing ban on broadcasters reporting any information which could influence an election from 2pm on the day before polling day until after polling stations close is to be scrapped, the communications watchdog has announced.
Coimisiún na Meán has confirmed the broadcast moratorium, which has been in place since 1997, is being replaced with a measure called the Additional Care Requirement for broadcasters.
The new requirement will be in force during the 24-hours before the opening of polling stations and during the period when voting is taking place.
It will require broadcasters to “treat with extreme care information relating to the election that it believes, or has reason to believe, has been circulated with the intention of misleading or confusing voters or that is likely to mislead or confuse voters.”
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It said the implementation of this additional care requirement would be “at the editorial discretion of the broadcaster”.
It may see broadcasters rebutting or correcting misconceptions arising from misleading information.
The commission’s rules also state that broadcasters should take additional care to “ensure that opinions expressed by programme contributors do not interfere with the electoral process by making a false or misleading claim with respect to election procedures”.
In the guidelines to be published shortly after the date of the election is confirmed, broadcasters are also asked not to report on opinion polls or exit polls during voting hours.
Taoiseach Simon Harris described the decision to remove the moratorium as “common sense” because “the world has changed”.
He added: “The idea that you’d have a broadcast moratorium that would apply to broadcast but doesn’t apply to newspapers, doesn’t apply to online news, doesn’t apply to the website of a newspaper I think just seemed a little kind of silly at this stage.
“So I think it’s just a kind of sensible decision catching up with the times.”
The decision follows a review conducted by the commission which included an examination of electoral silence periods in other countries, a survey of attitudes conducted with Ipsos B&A and a public consultation.
“During election periods, broadcasters across Ireland play a crucial role in informing the public about the issues and candidates involved in the election campaign,” said Coimisiún na Meán’s broadcasting and video-on-demand commissioner Aoife MacEvilly.
She said its research highlighted how trust in news remains high in Ireland compared to other countries, adding that the commission recognises “the trust that Irish viewers and listeners place in broadcasters and our approach to the moratorium reflects Ireland’s changing media landscape”.
She added that elections and electoral integrity are a key focus for Coimisiún na Meán this year.
“Alongside this new additional care approach for broadcasters, once the date of an election is confirmed, we will be publishing information for electoral candidates on our role in relation to broadcasting and online safety regulation, and how we can help them, alongside our guidelines for broadcasters”.
She said the commission would 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.’’
An Coimisiún Toghcháin, Ireland’s independent electoral commission, welcomed the decision and said it would benefit many voters who only start to focus on elections very close to polling time.
“Our voter surveys show that in the recent European elections over a quarter of voters turned their minds to elections in the 24 hours before polling day and therefore it makes sense to allow voters to access the full range of media, including broadcast media which, from the data, remains a critical and trusted source of information for those who intend to vote,” said commission chief executive Art O’Leary.
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