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Broadcast moratorium rule for elections to be scrapped

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Media regulator Coimisiún na Meán has confirmed that it is scrapping the broadcast moratorium rule for general elections and replacing it with an “additional care requirement” for broadcasters.

The new rule will take effect for the upcoming general election.

The broadcasting moratorium had been in place since 1997, and meant that television and radio stations were barred from broadcasting any information which could influence a vote from 2pm the day before polling day until when polling stations close.

However, due in part to the changing media landscape, media regulator Coimisiún na Meán has since August has been reviewing the practicality of the moratorium’s future.

In a statement to RTÉ News, Coimisiún na Meán said it has decided to scrap the moratorium and to replace it with a new “additional care requirement” for broadcasters.

This means there will be no timeline restrictions on what broadcasters can report in the hours before an election – other than ensuring information is accurate.

The new “additional care requirement” rule requires broadcasters to show additional care during what Coimisiún na Meán has described as the “critical election period”.

During that period, Coimisiún na Meán recommends that broadcasters should treat with “extreme care” any 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.

Coimisiún na Meán said the implementation of this additional care requirement is at the editorial discretion of the broadcaster, and may include the broadcasters rebutting or correcting misconceptions arising from misleading information.

The media regulator has also said broadcasters should 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 are also asked not to report on opinion polls or exit polls during polling hours.

The new approach will be reflected in Coimisiún na Meán’s Guidelines in Respect of Broadcast Coverage of Elections, which will be published shortly after the date of the general election is announced.

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