Electoral Reform Act 2022

• Permanent Page URL

Functions of the Commission

127. (1) For the purposes of this Part, the Commission shall have the following functions:

(a) to monitor online political advertising and online political advertisements;

(b) to monitor online platforms with respect to their role in the placement, display, promotion or dissemination of online political advertisements;

(c) to monitor buyers of online political advertisements and the online political advertisements purchased by them for placement, display, promotion or dissemination on online platforms;

(d) to encourage compliance with this Part, which may include the publication of notices (which shall be in both the Irish and English languages) containing practical guidance as to how those provisions may be complied with;

(e) to carry out such investigations as it considers appropriate, on the basis of information obtained on its own initiative or having regard to information provided to it by any person, into any suspected breach of this Part that may be occurring or has occurred;

(f) to decide appeals from directions given by the chief executive under section 133 ;

(g) to enforce the relevant statutory provisions in this Part;

(h) to make such arrangements as may be necessary to arrange for the transfer to it of online archives or libraries of online platforms as provided for under section 121 and to maintain such online archives or libraries for a period after such transfer so that each online political advertisement and its accompanying transparency notice in an online archive or library transferred to the Commission shall be maintained for a period of 7 years in total from the date of its inclusion in that archive or library;

(i) to identify any trends in relation to contraventions or other matters that may be relevant to the Commission’s functions under this Part raised by investigations by the Commission or directions by the chief executive and prepare and publish, in both the Irish and English languages, reports on such trends;

(j) to prepare and publish, in both the Irish and English languages, such information in connection with online political advertising to the public as it considers appropriate;

(k) such other functions relating to paragraphs (a) to (j) as may be appropriate.

(2) The Commission, in performing any of its functions under this Part, may where it considers it appropriate and to the extent that it may be necessary, appoint authorised officers to assist the Commission in the performance of its functions.

(3) In performing its functions under this Part, the Commission may co-operate and collaborate with other statutory authorities whether in the State or elsewhere in connection with online political advertising and related matters.

(4) The Commission shall have all such powers as are necessary or expedient for, or incidental to, the performance of its functions under this Part and shall ensure that those functions are performed effectively and efficiently.