Opinion: any electoral commission should possess the teeth necessary to tackle online disinformation, but must exercise caution
There are many problems associated with the widely discussed phenomenon of fake news and definitional troubles remain an underdeveloped part of this discussion. The phrase fake news is plagued by ambiguities and carries many conflicting meanings. Fake news can refer to anything from harmless satire and advertising to biased content. This raises immediate red flags, especially if Irish policy makers attempt to tackle this problem through regulation.
In Singapore, the ruling People's Action Party (PAP) introduced the Protection From Online Falsehoods and Manipulation Act 2019. The law introduces offences for communicating a "false statement of fact", and has been criticised by human rights groups as a tool for crushing dissent. This should serve as a cautionary tale for Ireland.
A common concern raised over possible regulation of disinformation is the damage that restrictions could have on free expression. Free expression is protected by numerous human rights instruments, including Article 10 of the European Convention on Human Rights (ECHR) and Article 19 of the Universal Declaration of Human Rights (UDHR).
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From RTÉ 1's Prime Time, commentators Gerard Howlin and Colette Browne discuss the impact of disinformation in the UK Election 2019 and beyond
If Ireland decides to prevent the spread of disinformation through regulation, this right must be protected in such efforts. For this reason, "fake news" could be a dangerous term. "Disinformation" refers to false information that is knowingly false and it is the term used by the European Commission, who have developed voluntary Codes of Practice on this issue.
The Commission has pointed out the need to prevent the spread of information that is "verifiably false" and intended to "deceive the public" in ways that "may cause public harm." While "fake news" is a term that conjures up many meanings, "disinformation" is an accurate and helpful description that legislators in particular can use in efforts to curtail false claims that threaten electoral security.
An electoral commission for Ireland
Talks of an Electoral Commission have been underway for over a decade. A 2006 report called for the "observation of elections" by a dedicated statutory body. In 2015, the Minister for Housing, Planning, Community and Local Government published a consultation paper that considered functions that a commission might possess.
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From RTÉ Radio 1's Morning Ireland in July 2019, David Farrell on how an electoral commission would work in Ireland
In a 2018 Seanad debate, there was consensus that a commission could oversee reform and monitoring of the electoral register. In addition, the role of encouraging voter turnout was suggested. This was not surprising, as these functions exist for similar electoral bodies in Australia and the United Kingdom. While talks are ongoing, no Commission has come to fruition yet. While the slow speed of these developments is disappointing, it gives time to reflect on important questions surrounding the future roles of the mooted body in an increasingly digital electoral context.
Why disinformation is an electoral issue
In discussing the future role of a new commission, legislators such as Senator Lynne Ruane noted that "proliferated disinformation" is a major factor that contributes to new forms of "election tampering." As noted here, disinformation is an electoral issue, and the establishment of an Electoral Commission presents a valuable opportunity for combatting false claims online aimed at deceiving voters.
Social media plays an instrumental role in how Irish citizens get news. In a 2018 report, the Broadcasting Authority of Ireland (BAI) found that 41% of Irish news consumers between 18 and 24 years of age consume news exclusively online, but that only 17% feel they can trust news on social media.
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From RTÉ Radio 1's Morning Ireland, BAI chief executive Michael O'Keeffe discusses their report on the habits of Irish media consumers
This is a disconcerting trend, but one that can be alleviated by an electoral commission. As the proposed body could see the end of the Referendum Commission, the need for a new commission to ensure fair elections in a technological environment is pressing. Free and fair elections are a critical pillar of democracy, and are guaranteed under Article 3 of Protocol 1 of the European Convention of Human Rights (ECHR), where Article 21 of the Universal Declaration of Human Rights (UDHR) guarantees "periodic and genuine elections". As mentioned, these instruments also protect free expression. The Irish Constitution also protects the freedom of "citizens to express freely their convictions and opinions" under Article 40.
Attempts to crackdown on disinformation therefore must not be used to crackdown on free speech. In this way, there must be a delicate balance when maintaining electoral security. This is perhaps easier said than done. However, a dedicated function of the electoral commission may be the best chance that Ireland has in producing lasting effects against these electoral harms.
The commission and informed electoral choices
While specific functions of the Commission are uncertain, there are useful steps it could take in responding to disinformation. Firstly, a dedicated research branch could examine the impact of disinformation on Irish voters, and investigate how voters engage news on social media platforms. Ideally, this should involve experts from multiple fields, including technological companies.
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From RTÉ Radio 1's Today With Sean O'Rourke Show, Chief Commissioner of the Irish Human Rights and Equality Commission, Emily Logan, on the prospect of an electoral commission for Ireland
In addition, the commission should have a role in promoting credible information in the run up to elections, while pointing out and cautioning against verifiably false and potentially damaging claims that come from malicious sources. Pointing out the facts can be achieved without restricting voter opinions and without suppressing free expression.
Finally, the electoral commission could play a crucial role in improving digital media literacy. The Australian Electoral Commission (AEC) has numerous user friendly campaigns, including a comprehensive "AEC for schools programme", offering free digital education resources for students and teachers, and interactive online modules to encourage informed voting. While these measures are unlikely to provide a catch all solution, they represent what is urgently needed in the fight against disinformation at this point: effective steps that carefully avoid stepping on free expression rights.
The views expressed here are those of the author and do not represent or reflect the views of RTÉ
