Knowledge, deception, and freedom of expression: a critical examination of Ireland’s approach to disinformation under the Electoral Reform Act 2022

Ireland’s Electoral Reform Act introduces several key provisions under Parts 4 and 5 which are designed to curtail the spread of misleading electoral communications. This article’s focus is on how these provisions enable divergence from established EU standards surrounding intermediary liability for harmful online communications. Identifying how the application of these provisions may undermine the right to freedom of expression under EU law, this article further distils the applicable principles which should inform how online platforms limit access to misleading information in electoral settings. This article filters these principles from applicable case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). Drawing from the analytical approaches of these courts to false electoral communications, this article not only assesses how Ireland’s Electoral Reform Act may undermine the right to freedom of expression but also provides a template for how EU and Member State legislation in the disinformation field can promote compatibility with human rights.