Dáil Éireann Debate, Thursday - 3 May 2018
271. Deputy Noel Rock asked the Minister for Housing, Planning and Local Government the person or body that regulates the contents on election and referendum posters to prevent false content; if no such body exists, if he will provide such powers to an authority; and if he will make a statement on the matter. [19456/18]
Amharc ar fhreagraSection 140 of the Electoral Act 1992, which also applies at a referendum, provides that every notice, bill, poster or similar document having reference to an election or referendum or distributed for the purpose of furthering the candidature of a candidate at an election or a particular result at a referendum shall bear upon its face the name and address of the printer and of the publisher.
The Electoral Acts do not regulate the content of electoral material, including election posters, during or outside of electoral or referendum campaigns. However, one of the main functions of a Referendum Commission, which is an independent body established under section 2 of the Referendum Act 1998, is to explain the subject matter of referendum proposals and communicate these explanations to the electorate.
Section 7 of the Public Order Act 1994 provides that, ‘It shall be an offence for any person in a public place to distribute or display any writing, sign or visible representation which is threatening, abusive, insulting or obscene with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned…’. In this regard, it would be a matter for An Garda Síochána to deal with public order offences generally (in terms of the operation of the relevant legislation), including offences under section 7 of the Public Offences Act 1994, either at their own instigation or on foot of allegations made in that regard.
