A Complaint Mechanism and Reporting Resource Guide
Introduction
The Elections Hub, a collective of civil society organisations and leaders, academics, researchers and communicators have compiled this resource to guide and assist in countering and responding to election interference and the democratic process.
It sets out the various mechanisms and signposts for making complaints in Ireland and aims to inform voters and residents about the pathways available to them, including the relevant policies they can reference to legitimise complaints.
The Elections Hub offers this resource in a context of a handful of far right agitators attempting to disrupt the democratic process; communities efforts to counter polarisation and rising disinformation and misinformation.
Context
In the wake of the Dublin riots of November 23rd, 2023, the local and European elections were characterised by a stark rise in politically motivated violence including documented harassment of politicians, canvassers, and immigrants.
According to the Institute for Strategic Dialogue (ISD) and Hope and Courage Collective (H&CC) during the 2024 local and EU elections, 36 documented incidents of political harassment occurred, with 21 of the 36 incidents involving women, and 13 incidents involving candidates from a migrant background. Harassment of candidates who were male or non-migrant was largely related to their support for immigration.
There is increasing understanding that social media algorithms play a critical role in amplifying incidents of politically motivated harassment, generating fear, distrust and a sense of chaos and division. This includes ‘doxxing’ or revealing a candidate’s home address and identifying family members.
A particular problem is the spread of disinformation online i.e. deliberate sharing of false or misleading information that is intentionally spread to deceive or manipulate an audience –– deliberately crafted to distort facts, mislead people, or influence opinions, often for political gain.
Misinformation i.e. content shared without intent to mislead but is untrue, is also a significant problem in fueling emotional manipulation and spreading dangerous ideas and rumors in communities.
Additionally, the more everyday issues regarding non-compliant postering is included in this resource.
Election Posters
There are strict requirements regarding the information election posters must contain, the duration they are allowed to be postered, as well as the heights and placement of the posters.
| Issue | Details | Legislation | Relevant Authority |
|
Time frame for hanging political posters
|
Posters may only be erected after the polling day is fixed for a maximum of 30 days before polling (€150 fine per poster) | Section 19(7)(c) of the Litter Pollution Act 1997, as substituted by s 9 of the Electoral (Amendment)(No 2) Act 2009 |
City/County Returning Officer City Council – Search for ‘Poster Protocol Reporting Form’ in respective county Example: Tipperary |
|
Lack of information on poster |
Posters must include the name and address of the printer and publisher Punishable by fine and imprisonment for up to 3 months Committed by anyone who prints, posts or directs the printing or posting of such posters |
Section 140(1) of the Electoral Act 1992. Section 157(2) of the Electoral Act 1992 Section 140(2) of the Electoral Act 1992. |
City/County Returning Officer City Council – Search for ‘Poster Protocol Reporting Form’ in respective county |
|
Posters on private property |
Election advertisements may be erected on private property without planning permission HOWEVER They must be removed within 7 days after polling day
|
Part 2 of Schedule 2 of the Planning and Development Regulations 2001-2015 |
City/County Returning Officer City Council – Search for ‘Poster Protocol Reporting Form’ in respective county
|
Online Content
Depending on the seriousness of the act posted online, different or multiple authorities should be involved. The first step is to report the post on the hosting platform, however ensuing steps may vary depending on the nature of the content. It may also include a report to An Garda Síochána.
| Issue | Details | Legislation | Relevant Authority |
|
Deepfaked Political Content
|
Untagged deepfakes / AI-generated content | Article 52(3) of the EU AI Act* |
Report to the relevant platform |
|
Posts taken down without explanation |
If users posts are taken down and no sufficient information is provided as to the community guidelines they violated |
Article 17 of the DSA |
Report to the relevant platform |
|
Posts containing a criminal offence circulating on social media* *more information on next table |
Platforms must notify relevant authorities if they are made aware of content relating to a criminal offence involving a threat to the life and safety of politicians or other individuals
Recording of abuse/ harassment of individuals Offensive conduct recorded between the hours of midnight and 7:00
|
Article 18 of DSA *
Section 6 of the Criminal Justice (Public Order) Act 1994 Section 5(i) of the Criminal Justice (Public Order) Act 1994 |
Report to the relevant platform
|
|
Unmarked Political Ads |
Advertisements are not clearly marked as political |
Section 121 of Electoral Reform Act, 2022* Article 26 of DSA
|
Report to the relevant platform
|
|
Harassment & Threats |
Call 999 if in imminent danger. A report can be made in relation to online or offline harassment or threats to An Garda Síochána
|
Non Fatal Offences against the State Act – Section 10,10A and 5 Harassment Harmful Communications and Related Offences Act 2020 – Section 4
|
|
|
Victim Protection |
A victim of a crime can exercise their right to be kept informed about any complaint made to An Garda Síochána. A request can be made in person or in writing. |
Criminal Justice Victims of Crime Act 2017 – Sections 7, 8, 9 and 10 |
Harassment and Violence (Online or Offline)
In-person harassment posted and spread online, and independent online harassment are all harmful and are reported in different ways. Ireland’s passing of its Online Safety and Media Regulation expanded the scope of existing criminal legislation to include creation, dissemination, and harassment in an online setting.
| Issue | Details | Legislation | Relevant Authority |
|
Accounts publishing first hand violence
|
Accounts that primarily exist to publish videos of violence/hate speech/ intimidation |
Article 18 of DSA * Section 6 of the Criminal Justice (Public Order) Act 1994 Section 5(i) of the Criminal Justice (Public Order) Act 1994 |
Report to the relevant platform |
|
Accounts promoting hateful accounts |
Dedicated accounts are not recording the harassment themselves, but promote and disseminate hateful or harassing content |
Section 3 of the Prohibition of Incitement of Hatred Act of 1989 (Section 5 of Online Safety and Media Regulation 2022 includes online content) |
Report to the relevant platform |
|
Harassment of Children |
Additional obligations to child protection and privacy |
Article 18 of DSA Section 51 of Children Act 2001 (Section 16 of Online Safety and Media Regulation 2022 includes online content)
|
Report to the relevant platform
|
|
Obscene Material |
Display and public distribution of obscene content (in the form of writing, a sign, or other visible representation) |
Section 7 of the Criminal Justice (Public Order) Act 1994
|
|
|
Tresspassing |
Trespassing in government buildings or private property (applies to individuals and groups) |
Article 18 of DSA Section 13 of the Criminal Justice (Public Order) Act 1994 |
|
|
Violence |
Violent disorder (a group of 3+ individuals in public or private spaces) using/threatening unlawful violence |
Article 18 of DSA Section 15 of the Criminal Justice (Public Order) Act 1994
|
|
|
Riots |
Rioting (a group of 12+ people in public or private spaces) using/threatening unlawful violence |
Article 18 of DSA Section 14 of the Criminal Justice (Public Order) Act 1994
|
|
|
Flase Report of an Offence |
Someone knowingly makes a false report or statement that an offence has been committed which gives rise to apprehension for the safety of persons or property |
Section 12(a) of the Criminal Law Act 1976 |
|
|
Death Threats / Threats to safety of a person posted online |
Call 999 if in imminent danger. An individual report should also be made to An Garda Síochána
Evidence that indicates someone committed, may be committing, or is likely to commit a criminal offence involving a threat to the life or safety of a person or persons is posted online. In such instances, the provider of hosting services should inform the competent law enforcement authorities without delay.
|
Non Fatal Offences against the State Act – Section 5 Article 15 DSA. Report to the platform.
|
|
|
Harassment and Threats |
Call 999 if in imminent danger.
A report can be made in relation to online or offline harassment or threats to An Garda Síochána
|
Non Fatal Offences against the State Act – Section 10,10A and 5
Harassment Harmful Communications and Related Offences Act 2020 – Section 4
|
|
|
Victim Protection |
A victim of a crime can exercise their right to be kept informed about any complaint made to An Garda Síochána. A request can be made in person or in writing. |
Criminal Justice Victims of Crime Act 2017 – Sections 7, 8, 9 and 10 |
Reporting Online Content
Reporting guidance from main platforms can be found here:
Complaints can be made to the Coimisiun NaMean in the following ways;
Email: usersupport@cnam.ie
Phone: +353 1 963 7755 (Monday to Friday 8 am to 6 pm)
Relevant information and documentation will be required.
NOTE: Part 4 of the Electoral Reform Act is being amended and includes sections 121 and 124. The period for amending Part 4 has been extended to November 2024.
For more information regarding further action to be taken if your complaints are not considered or rejected by online platforms and further entitlements of reporters under the DSA, see Appendix 1.
Documenting Online Harassment
It is not enough to report the post on the platform. If threats/intimidation and harassment are ongoing issues, candidates and social media teams should be made aware of the best practice regarding documenting online abuse for further action.
- Take a screenshot that includes the username, date posted, and as much information as possible before reporting it.
- If the post includes screenshots, take additional screenshots of each post. If the post is video/audio download a copy to your phone/computer. Apple/Android/PC/Mac
- Copy the text of the abuse, the user name, and the post’s url along with the date/time it was posted, into a document/spreadsheet, note, save these.
Only after you have recorded this information should you report a post. When reporting content to a platform, you may not receive a traceable acknowledgment (mail, issue number | yes on YouTube | no on X). Download, screen-grab problematic content + screenshots of reporting steps
If you are the victim of a serious threat or a sustained campaign of harassment, the information above will be critical to any further investigation.
For more information on how to record and document instances of online harassment, please read this handbook from Glitch.
Instances of racial harassment can also be reported to iReport.ie in order to contribute to a wider analysis of racist incidents in Ireland. iReport.ie does not report the incidents to the authorities, but informs, lobbies, and influences the government to understand and respond to the trends and rates of racial harassment in Ireland.
Appendix 1
Notification and Complaints Mechanism Requirements
Article 16 of DSA – requires online platforms to have ‘notice-and-action’ mechanisms where platforms can be notified of illegal content
Pursuing Unsuccessful Reporting of Ads/Content;
- If disinformation was reported and nothing happened – Reference Article 20 of the DSA’s ‘internal complaint procedure’ as it holds that the decision not to act is also a choice of content moderation and can be challenged.
- If STILL nothing happens after Article 20 reference, follow up with Article 21 of the DSA, the ‘out-of-court-dispute settlement’ mechanism. Independent and certified Digital Service Coordinators in your Member State can settle disputes between yourself and the platform without needing to go through court bodies. *Solutions are not binding, however if users win, their legal fees are covered by the platform, if platforms win, users pay nothing.
- Article 86 of the DSA allows for you to acquire representation for the pursuit of Articles 20 and 21
Platform Terms and Conditions
Any issues with Terms and Conditions (T&Cs) of a Platform, reference Article 14 of DSA. Under Article 14, T&C must include;
- Information about the ‘policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review, as well as the rules of procedure of their internal complaint handling system’ that must be publicly available, machine readable, and written in plain language
- Notification to users about significant changes in T&C
- For services directed at minors, T&Cs must be written in a way minors would understand
- Shall act in a diligent, objective and proportionate manner in applying and enforcing the restrictions
- Summaries of T&Cs should be available and include available remedies and redress mechanisms
- T&Cs must be published in the official language of all Member States the offer their services
Feel free to communicate any unintentional errors, updates, gaps, experiences in attempting to exercise the various reporting and complaints mechanisms.
Email report@hopeandcourage.ie
Acknowledgements
Thanks to the members of the Elections Hub for their contributions and to the Community Foundation for Ireland for funding the research.
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