Thread by @LizCarolan, The joy in my timeline at this is palpable. Filter bubble? Never..308ps [...]

The joy in my timeline at this is palpable. Filter bubble? Never..

308ps to get through - the test for me on digital stuff will be if we're building an institution capable of adapting as threats evolve, or simply institutionalising current policies by the dominant platforms https://twitter.com/DeptHousingIRL/status/1347481082426490880

https://twitter.com/DeptHousingIRL/status/1347481082426490880

The Bill does a job of defining both Online Platform and Online Political Advertisement - I'd be interested in what @JJaursch @wrklsshrd @PeterTanham make of these. Ads are defined as payments made to platforms, so paid influencer content is likely excluded

They intend to keep the definition of "Political purposes" in the 1997 Act, which @ICCLtweet & others have criticised for capturing broad swaths of civil society activity. Interesting that they acknowledge this in the notes (P7)- looking forward to seeing what @liamherrick thinks

Article 10 (Freedom of Expression) of ECHR given as the reason provisions for online ads to only apply during electoral periods

This is a platform talking point, but surely it doesn't apply for transparency of paid amplification outside elections?

Thoughts @Tupp_Ed @cearta?

Now the meat & potatoes - S. 4 is online political ads

Worth taking a minute to acknowledge that getting this into a Bill is a big deal - this is entirely unregulated space where very large sums of money have been deployed in Ireland to influence votes. Progress!

Ads appear to be defined here by the buyer's identity- eg. candidates & registered Third Parties

BUT, I *think* this catch-all of "entity seeking to influence" in the list will help deal with the unregistered groups / PAC style popup campaigns that pay to influence / manipulate

OK - the detail!

The Department have done their homework - this is a very comprehensive set of obligations on platforms for transparency notices for individual ads - inc. "micro-targeting" criteria, if lookalike used & how, cost of ad AND content creation, impressions... (P236)

& now the most important part from an accountability POV: the archive /library

It is all well & good having notices on ads for those who are shown them, but for scrutiny, we need journos / campaigns / voters to have visibility of ALL messaging in real time; *during the campaign*

This is where it gets a little wooly - P 237, p(6) - while the notices are to be in real time, ads are to go to the archive "at the expiration of the period"

I see no reason platforms shouldn't update this archive in real time- technically its quite simple (right @PeterTanham?)

Similarly, this needs to be stronger - public access should not be subject to "reasonable arrangements" but the cornerstone of the policy

Likewise, given Ireland's @opengovpart commitments, this should be available as Open Data

**a simple fix -> huge improvement in usability**

The next section (p 239) has a really interesting set of "know your customer" obligations on platforms which, it says, is borrowed from money laundering / terrorism finance law, with a responsible person required & failure to comply as an offence (cc @willperrin @maevewa1sh)

Section 124 relates to ads from outside the state

Again - worth acknowledging that there is currently no law preventing people outside Ireland directly purchasing ads for Irish elections & ref. When US groups were advertising on FB for 8thref, no official body could do anything

So here we have it, finally, in (draft) law - lovely, lovely words

"No person residing outside the state {with caveats for citizens etc.}.. may.. commission an online policy advertisement"

AND - PLATFORMS are committing an offence if they fail to do due diligence

So here we have it, finally, in (draft) law - lovely, lovely words "No person residing outside the state {with caveats for citizens etc.}.. may.. commission an online policy advertisement" AND - PLATFORMS are committing an offence if they fail to do due diligence

Yes, I just liked my own tweet.

Section 126 - a sensible set of exemptions for returning officers and Electoral Commissions

Obligations of purchasers of political ads - essentially to provide the information required above

An offence for failure to do this

Having responsibility on both sides makes lots of sense

Penalties are specified - including a fine and possible prison time.

I will need lawyers to explain the note here for us.

So there we have it - I haven't gone through the rest of the Bill (the likes of @dfarrell_ucd, @theresareidy, @JaneSuit and many others know a lot me about the broader context & I look forward to seeing their comments), but here is my headline takeaway (and concern)

This Bills strength - its detail and knowledge of the issues with ads - is its weakness. Min Noonan's goal is (rightly) to build institution that can adapt & paid content is already adapting - eg influencer marketing, and will likely be unrecognisable in 5/10 yrs.

I'd like to thank my 10day old for staying asleep so I could read through this. I like to think that sitting up with me to watch the scenes from The Capitol the other night gave her an appreciation for democracy that translated into this cooperativeness.

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