Ireland's proposed overhaul of online political advertising could hamper the work of non-Governmental organisations (NGOs) and is too broad, Facebook and Twitter will tell an Oireachtas committee tomorrow.
The social media giants are before the Housing Committee as part of pre-legislative scrutiny of the Electoral Reform Bill, a sweeping and long-awaited overhaul of Ireland's elections.
Both companies will warn that the bill's wording on adverts with "political purpose" will be both hard to police and could impact the day-to-day workings of the Electoral Commission and NGOs.
Dualta Ó Broin, head of public policy at Facebook Ireland will say in his opening statement that Facebook has observed the progress on the bill with "some concerns at times" and the company would like to see a more "objective definition of online political advertising".
"At a minimum, the legislation should take account of what online intermediaries, such as Facebook, can and cannot do. In short, we can identify whether an ad contains certain content, but we cannot divine the intention that an individual has in placing an ad."
Mr O Broin will say the company has a broad range of concerns over what is called a "transparency notice", the bill's method of declaring a political ad. In a statement launching the bill in January, the notice is described as containing "information on who paid for the advertising, details of any micro-targeting which was applied and the total cost of the advertising".
"These include privacy concerns about the scope of information regarding an individual which is intended to be shared and the impact of disclosing specific micro-targeting criteria," Mr O'Broin will say. "We also have practical concerns about the appropriateness of online platforms collecting information about the amount spent on “content creation,” and the requirements for advertisers to provide an end-date for a campaign."
Ronan Costello of Twitter's public policy unit will outline similar concerns over the wording of the bill, but said that the proposed establishment of the Electoral Commission was welcome.
"There is a remote chance that the day-to-day campaigning of non-profit organisations and NGOs may be captured in the scope of the proposed legislation. Additionally, this definition may capture apolitical voter education and engagement campaigns that the Department of Housing, Local Government and Heritage or the newly-established Electoral Commission would seek to run. It would be helpful if this was further clarified."
Both companies will tell the committee that the bill's provisions around online advertising could be overtaken or in conflict with the Digital Services Act, a proposal currently being advanced by the European Commission.
Mr Costello's statement says that the two should be aligned and that Ireland' has an opportunity to be at the forefront of EU-wide change.
"Ireland can become a leader in convening like-minded countries and advocating for a regulatory approach that will lay the foundation in Europe for the next 20 years of the internet – protecting consumers, encouraging openness and freedom, while strengthening our civic institutions. "
Housing Minister Darragh O'Brien launched the bill in January, saying that it would "be the most significant development for our electoral system in decades".
The bill also proposes to expand the Dáil to between 166 and 172 members — up from 160, due to population growth.