THE BROADCAST MORATORIUM, which prevents television and radio stations from broadcasting anything which could influence a vote from 2pm before polling day, until after polls close, is to be scrapped.

The moratorium will be replaced by an ‘Additional Care Requirement’, which will require broadcasters to “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”.

Broadcasters will be expected to 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 will also be asked not to report on opinion polls or exit polls during polling hours. The implementation of the new care requirement will be at the discretion of station editors.

The moratorium did not apply to print or online platforms.

The decision follows a review, started in February by Comisiún na Meán, which examined electoral silence periods in other countries, a survey of attitudes conducted by Ipsos, and a public consultation.

The Electoral Commission recommended in July that the moratorium should be removed from future referendums.

The moratorium has come under criticism from a number of corners, particularly with the risks posed by misinformation being spread on online platforms in the lead-up to elections.

Fianna Fáil Senator Malcolm Byrne, speaking to The Journal earlier this week, said that the risk of AI “supercharging” misinformation meant that the broadcast moratorium was no longer fit for purpose.

“If something that is patently false is being distributed widely on social media in the immediate hours before people go to the polls, at present under the moratorium, broadcast media can’t mention it,” he said.

The Electoral Commission recommended that the moratorium be removed in the wake of this summer’s Family and Care referendums.

In its report, it called the moratorium “anomalous and open to potential exploitation”, especially when “online media and social media is so prevalent”.

Art O’Leary, the Electoral Commission’s Chief Executive, welcomed the announcement.

“Our voter surveys show that in the recent European elections, 28% of voters turned their minds to elections in the 24 hours before polling day.

“Therefore it makes sense to allow voters to access the full range of media, including broadcast media which, from the data, remains a critical and trusted source of information for those who intend to vote,” he said.

Aoife MacEvilly, Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner, said that the regulator will be engaging with online platforms in the run-up to the election.

She said that will be 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”.

It will also be publishing guidelines for candidates on Comisiún na Meán’s role in broadcasting and online safety regulation.

With reporting by Diarmuid Pepper.