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Chapter 5
Codes of conduct
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Codes of conduct
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163. (1)(a) The Commission may publish codes of conduct in respect of online electoral information or online electoral process information.
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(b) A code published under paragraph (a) shall, as soon as is practicable, be laid before both Houses of the Oireachtas.
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(2) A code referred to in subsection (1) may be addressed to:
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(a) an online platform;
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(b) a candidate in an election;
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(c) a political party;
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(d) any other person.
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(3) The Commission may, before publishing a code of conduct under subsection (1), consult with the Advisory Board, the stakeholder council or any other group convened by the Commission for that purpose.
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(4) A code of conduct published under subsection (1) that relates to online electoral information other than online electoral process information shall have effect during a specified electoral period only.
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(5) The Commission may determine whether a code of conduct is an optional code of conduct or a mandatory code of conduct.
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(6) The Commission shall, before publishing a code of conduct under subsection (1), have regard to the following:
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(a) the need to protect democratic values in society;
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(b) the public interest in having a well-informed electorate;
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(c) the threat posed to democratic values by misinformation and disinformation;
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(d) the right to freedom of expression;
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(e) the right to freedom of assembly.
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(7) Where, in the opinion of the Commission, a person to whom a [mandatory] code of conduct is addressed is failing or has failed to comply with the code, the Commission may apply, by motion, to the High Court for an order directing the person to comply with the code, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order.
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