The head of the Electoral Commission has expressed her view that collaborating with social media platforms is a more effective solution than pursuing more stringent regulation methods via court proceedings when handling social media content. Ms Justice Marie Baker, addressing an audience in Dublin, mentioned that the Commission was not let down by the fact that the government had not yet implemented certain regulatory and enforcement powers stipulated in legislation.
Baker emphasised that the implementation of stronger regulatory measures could present a demanding scenario, which might necessitate turning to the High Court for data-related disputes. The self-governing statutory body – the Commission – was established last year, yet some of its powers are still in the discussion phase. This is owing to ongoing cooperation with the European Commission focusing on aligning its powers with the EU’s Digital Service Act, and outlining responsibilities with the broadcasting regulator, Coimisiún na Meán.
Baker suggested that it was likely more beneficial to cooperate with the evolving nature of platforms. She continued to assure that as campaign issues arise, the Commission has the capacity to resolve them without court intervention. Art O’Leary, Electoral Commission Chief Executive, shared his confidence in the Commission’s ability to manage misinformation challenges, in spite of parts of the Electoral Reform Act not yet coming into effect.
O’Leary acknowledged the impossibility of anticipating the degree of electoral interruption during a busy 18-month election schedule, with local, European and general elections set to take place. He highlighted the increasing number of nations experiencing interference and said it was unrealistic to think they could avoid it. O’Leary said they are well connected with international networks that readily share intelligence regarding these matters. He reiterated their confidence in their existing powers and available resources, believing it would be enough to handle any situation.
Mr O’Leary expressed that combatting false information could be managed by addressing each case as it comes or by pre-emptively broadcasting accurate details to prepare against any misinformation linked to voting procedures. He mentioned an instance in another European nation where individuals were persuaded to mark their names on a voting slip to participate in a lucky draw – a situation that he opined can be easily fixed with the right information.
Emphasising the crucial role of digital media literacy in election campaigns, he appealed to the electorate to scrutinize all assertions and election reports with suitable suspicion, drawing a parallel to the mindset of media users on April Fool’s Day.
Mr O’Leary cautioned that if the commission had to depend on legal power and resort to judicial assistance to force a social media firm to remove a post, then they’ve already lost. He said the task was to collaborate with these platforms and to inspire people to be part of the process. He added that the commission has put together a voluntary protocol to tackle misinformation and false data with major social media platforms and this has been made public.