Coimisiún na Meán removes traditional broadcast moratorium for election coverage

Updated Guidance replaces Moratorium with an Additional Care Requirement for broadcasters during the Critical Election Period

Coimisiún na Meán has today announced the replacement of the Broadcast Moratorium, which has been in place since 1997, with an Additional Care Requirement for broadcasters during the Critical Election Period (the 24-hour period before the opening of polling stations and during the period when polling occurs). This decision follows a review of the Moratorium conducted by Coimisiún na Meán which commenced in February this year. This review included an examination of electoral silence periods in other countries, a survey of attitudes conducted with Ipsos B&A and a public consultation.


The new Additional Care Requirement, which replaces the Broadcast Moratorium, requires broadcasters to show additional care during the Critical Election Period. During the Critical Election Period, broadcasters should 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. The implementation of this additional care requirement is at the editorial discretion of the broadcaster. This may include the Broadcasters rebutting or correcting misconceptions arising from misleading information.


Speaking about the publication of the Guidelines, 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 Coimisiún na Meán. 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 and is funded by Coimisiún na Meán, 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.


Elections and electoral integrity are a key focus for us at 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. 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.’’


Broadcasters should also 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. Broadcasters are also asked not to report on opinion polls or exit polls during polling hours.


The new approach will be reflected in Coimisiún na Meán’s Guidelines in Respect of Broadcast Coverage of Elections, which will be published shortly after the date of the next election is announced. The Guidelines provide direction and advice to broadcasters as to how fairness, objectivity and impartiality can be achieved in their coverage of elections.

Coimisiún na Meán certifies the first Out-of-Court Dispute Settlement Body in Ireland

Coimisiún na Meán, has today 08.10.2024 published details of the certification of Appeals Centre Europe (ACE) as an Out-of-Court Dispute Settlement (ODS) Body. Under the Digital Services Act (DSA), bodies which are established in Ireland may apply to us for certification as an ODS Body.

An ODS body can help online users resolve disputes relating to decisions of online platforms, including complaints that have not been resolved by means of the internal complaint-handling system of an online platform. The decisions of ODS bodies are not binding.

ACE, a company registered in Ireland, have been granted certification for a period of five years, from 26 September 2024 to 26 September 2029. The area of expertise for which the certification is granted is the application and enforcement of terms and conditions of online platforms.

To be certified as an ODS body an applicant must satisfy the following conditions as set out in Article 21 of the DSA.

  • Impartiality and independence, including financially independence, in relation to providers of online platforms and recipients of the service.
  • Expertise in relation to areas of illegal content, or in relation to the application and enforcement of terms and conditions of online platforms.
  • Remuneration, which requires that ODS body members are remunerated in a way that is not linked to the outcome of the procedure.
  • Accessibility, which requires that the ODS settlement is easily accessible, through electronic communications technology and provides for the possibility to initiate the dispute settlement and to submit the requisite supporting documents online.
  • Swift and efficient dispute settlement, which requires that the ODS body can settle disputes in a swift, efficient, and cost-effective manner and in at least one of the official languages of the institutions of the Union.
  • Clear and fair rules, which requires that the ODS settlement takes place in accordance with clear and fair rules of procedure that are easily and publicly accessible.

Further information on the ODS Body certification process, including a guidance document and application form, can be found on our industry guidance page.

Coimisiún na Meán seeks views on future of broadcast moratorium for elections and referendums

Public consultation sets out possible options for future of moratorium

Coimisiún na Meán has today (07.08.24) opened a public consultation on the future of the broadcast moratorium. The moratorium currently prohibits discussion of election or referendum issues on broadcast media from 2pm on the day preceding the election or referendum until the polls close on voting day.

The moratorium does not apply to other types of media, such as print or online, and the legislation does not allow for these types of media to be included in any moratorium.

Coimisiún na Meán is putting forward five main options for consideration:

  1. Keeping the moratorium as it is
  2. Amending the duration of the moratorium
  3. Changing the types of broadcast coverage included under the moratorium
  4. Reframing the obligation on broadcasters as a positive obligation to exercise particular care on issues related to elections or referendums
  5. Abolishing the moratorium entirely.

This public consultation is part of Coimisiún na Meán’s on-going review of the broadcast moratorium, which has included engagement with broadcasters and political parties, as well as public opinion research. An Coimisiún intends to conclude the review, including making any changes required to the moratorium, by the end of October 2024.

The moratorium was first included in broadcasting guidelines for the 1997 Presidential Election, a time when TV and radio were the main sources of news. Its original purposes were to allow voters a period of reflection before casting their votes, and to guard against voters being presented with new information or misinformation at the last minute when it was too late for it to be properly evaluated or discussed. With the growth in usage of online sources of news, there needs to be a re-evaluation of whether the moratorium is useful.

Coimisiún na Meán Broadcasting and Video-On-Demand Commissioner, Aoife MacEvilly, said: “Now is the right time to consider if changes are needed to the broadcasting moratorium for coverage of referendums and elections. Wherever people find their news, it is important that they can find relevant, informed, and impartial reporting that they trust. We know that more and more people are going online for their news, whether that’s to a news website or to social media, but, broadcasters are still an important source of news about elections for many people.

We are looking forward to hearing the public’s views on the moratorium and we intend to make a decision on continuing, changing or removing the moratorium by the end of October”.

The public consultation is now open. The closing date for submissions is Wednesday, 4 September 2024.