Electoral Commission recommends broadcast moratorium to be dropped

The Electoral Commission has made a recommendation that the broadcast moratorium on coverage of an electoral event should be scrapped.

An Coimisiun Toghchain has also called for the design of referendum ballot papers to be reviewed in advance of the next referendum, and any proposed amendments to the Constitution to be published no later than 16 weeks before polls open.

Current guidelines mean that radio and television broadcasters have to observe a moratorium on coverage of an electoral event from 2pm the day before the event until the close of polls.

This does not apply to online media or social media.

In the case of the recent family and care referendums, the moratorium began at 2pm on March 7 and was in effect until 10pm on March 8.

In a report published on Monday, the An Coimisiun Toghchain said: “At a time when online media and social media is so prevalent, these guidelines are now anomalous and open to potential exploitation.

“An Coimisiun recommends that the broadcast moratorium is removed from the guidelines for radio and television broadcasters before the next
electoral event.”

It also said that the publication of a proposed amendment should be no later than 16 weeks before the proposed polling day.

The Commission said it believes that the Referendum Information Booklet is central to its referendum function.

“Therefore, it is important that the booklet is delivered in time in order for the electorate to have time to properly consider it,” it added.

“Every household in the country should have the booklet between two to three weeks before the referendum polling day.

“An Coimisiun firmly believes that 16 weeks is the minimum time required to allow it to carry out these functions.

“The publication of the Family and Care bills gave An Coimisiun a total of 13 weeks, which included Christmas and New Year.

“In the case of the Family and Care Referendums delivery of booklets to households began on February 12.

“This was the earliest possible date that could have been achieved with the notice of the referendum that was provided to An Coimisiun.

“The scheduled An Post delivery was completed by 1 March, one week before polling day.

“However, further deliveries took place even up to 5 March, three days before the referendums.

“This is not an optimal timeframe in which to provide independent information on proposed constitutional change. Therefore, 16 weeks is the minimum notice that should be provided by Government of its intention to hold a referendum.”

The Commission also said that the layout and design of the ballot papers for referendums were not sufficiently clear.

It said that on the Family ballot paper, it was 44 words in before the words “An Teaghlach” were mentioned or 53 words in before the words “The Family” are mentioned on the ballot paper.

“This made it difficult for voters to differentiate between ballot papers which looked almost identical in respect of their text and layout,” the report’s authors said.

“In our media engagements ahead of polling day, An Coimisiun stressed the differing colours of the ballot papers as a method of differentiation, but this colour distinction does not in itself suffice.

“An Coimisiun recommends that the overall design of referendum ballot papers be reviewed and that a simple prominent heading stating the subject matter of the proposal be included.

“This should be done in advance of the next referendum.”