Facebook’s Clegg secured quick audience with taoiseach Martin over contentious electoral law reform

Draft law opened prospect of fines or imprisonment for social media platforms that failed to comply

An audience with a taoiseach is rarely an easy thing to secure but Facebook chiefs landed a swift hearing from Micheál Martin after pressing for “urgent” talks on electoral reforms against online disinformation.

When the social media giant came calling last summer, Mr Martin cleared diary time at very short notice for phone talks with Nick Clegg, the former UK deputy premier who is top lobbyist for Meta, Facebook’s parent company.

According to Government files released under the Freedom of Information Act, the call took place on the first day Mr Clegg suggested.

At issue were Facebook concerns about new disinformation measures in draft laws that were soon to receive a final Dáil reading in July, on the eve of the summer recess.

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The law created offences for disinformation in Irish elections, opening up the prospect of fines or imprisonment for any social media platforms that fail to comply with binding directions on the conduct of online campaigning.

Facebook, which has millions of Irish users and billions around the world, has been embroiled in big electoral scandals in the US and UK that spurred anxiety about the power of its platform to tip the scales on polling day.

Now records show how Meta sought and received a direct hearing from the then taoiseach in the lead-up to the final Dáil debate on the Irish legislation.

The company’s specific concerns on any particular measures remain unclear. Although nothing was done after the call with the then taoiseach to change measures before TDs, the disinformation provisions have yet to take force because of EU talks.

The files show Dualta Ó Broin, a key Meta executive in Dublin, emailing Mr Martin’s office late in the afternoon of Thursday, July 7th, the day the Seanad inserted measures on misinformation into the draft law.

“I am writing on behalf of Nick Clegg (president, global affairs, Meta) to request an urgent call with the Taoiseach to discuss Ireland’s Electoral Reform Bill,” said Mr Ó Broin.

“We appreciate how busy the Taoiseach is, but we are requesting the call take place on Monday or Tuesday of next week, given the time-sensitive nature of the issue.”

With the recess already set for the following Thursday, the legislation was due back in the Dáil within one week.

“Nick has freed his diary on Monday between 12pm and 3pm and on Tuesday between 2pm and 6pm in the hope that there is a short slot that will suit the Taoiseach for them to discuss this issue,” Mr Ó Broin said.

A note for the Department of An Taoiseach shows a “short phone call” took place the following Monday.

“Nick Clegg emphasised that Meta are fully supportive of actions to tackle these issues in Ireland and elsewhere, and are keen to work with governments as well as the European Commission on this,” the note said. “However, they believe the proposed amendments require consultation with stakeholders to ensure they are operational, as well as to check for consistency with codes of practice prepared by the European Commission.

“The Taoiseach explained the urgency of enacting the legislation before the Dáil rises due to required changes to constituency boundaries arising from the recent census results.”

Asked about such talks, Mr Martin’s spokesman said “there was a scheduled call to discuss proposed amendments” to the Bill, which was enacted on July 25th.

The misinformation measures were notified to Brussels, he added, and the Department of Housing continues to engage with the commission to resolve “outstanding issues” before they take force.

A Meta spokesman did not set out specific concerns about any particular measures: “Given the potentially significant and far-reaching nature of part 5 of the Act, we raised concerns last year that it was being introduced without a proper consultation with industry and civil society.”

He added: “We look forward to ongoing collaboration with the Irish government on this.”

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times