Broadcasters should not speculate on election outcome during polling day, media regulator warns

Broadcasters should not feature speculation on the outcome of the election while people are still voting, including covering exit polls, the country’s media regulator has warned.
In new guidelines to broadcasters on achieving fairness, objectivity and impartiality in their coverage of elections Coimisiún na Meán also said it was “not appropriate for people involved with election interests to present programmes during the election campaign period”.
It also said that endorsements on-air by a broadcaster of election interests, including candidates or parties were also not allowed and that political advertisements were banned.
It also said that “fair allocation of airtime during election coverage” was essential.
The guidelines state that “while a strict equal allocation of airtime for candidates and political parties is not precluded and may be appropriate in certain situations, such an approach to the allocation of airtime is not an automatic absolute requirement and a proportional approach to airtime allocation may also be adopted, where appropriate.”
Coimisiún na Meán also warned about presenters making comments on social media.
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“Broadcasters should note that comments made by programme presenters in non-broadcast media, for example via social media, in respect of election interests, including candidates, may have the potential to undermine the perceived impartiality of their coverage. This is particularly the case where the comments are made by presenters of news and current affairs programming.
“It is a matter for broadcasters to deal with such issues in the context of determining their approach to coverage and in the context of their contractual, employment or volunteer relationship with presenters. Notwithstanding this, Coimisiún na Meán may have regard to such comments where there is an evident link with a broadcast.”
It also said that broadcasters should put into context the findings of opinion polls – including details of those who commissioned or funded the research as well as who carried out the survey and the numbers polled and their locations.
The regulator said that broadcasters should have appropriate policies and procedures for handling on-air contributions via social media.
“Given the increasing presence of audio and video content (including audio and audiovisual ‘deepfakes’) being generated by artificial intelligence, broadcasters should take steps to manage these risks and minimise the potential for such content to make it on-air and mislead audiences.”
Under new rules the traditional broadcast moratorium on the eve of polling is being replaced.
However, Coimisiún na Meán said that during the 24 hours before polls open – known as the critical election period – broadcasters should treat with additional care information relating to an election that it believes, or ought reasonably to believe, has been circulated with the intention of misleading or confusing voters or that is likely to mislead or confuse voters.
“Where information appears to be intended or likely to mislead, a broadcaster should consider not covering the information or covering it only with a view to rebutting or correcting misconceptions that may arise, or have arisen, from the information.
“Broadcasters should note that information whose release appears to have been deliberately timed – that is, by virtue of the nature of the information or facts to which the information relates it could reasonably have been released earlier – so that it enters the public domain or comes to the broadcaster’s attention during the critical election period should normally be treated as being intended or likely to confuse or mislead voters and so the guidance relating to treatment with additional care should apply.”
Coimisiún na Meán’s Broadcasting and Video-on-Demand Commissioner Aoife MacEvilly said the election guidelines would “aid broadcasters in their approach to programming during election periods and will help them to ensure their coverage is open and transparent”.
Coimisiún na Meán also published advice for candidates on what they could do if they experienced harm online during the election campaign.