Explanatory Note for Publishers of newspapers, magazines etc.

Section 31(10) of the Electoral Act 1997, as amended, (the Act) provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to a Dáil election or a European Parliament election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at the election, unless requested to do so by one of the following people:

• the national agent of a political party, or a person authorised in writing by such agent, or
• a candidate at the election, their election agent or a person authorised in writing by such candidate or agent, or
• a person who produces to the publisher a certificate from the Standards in Public Office Commission (Standards Commission) certifying that the person has complied with the provisions of section 31(7) of the Act in relation to the election.

Section 52(9) of the Act provides that the publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to a presidential election purporting to promote or oppose, directly or indirectly, the interests of a candidate at the election, unless requested to do so by:

1. a candidate at the election, their election agent or a person authorised in writing by such candidate or agent, or
2. a person who produces to the publisher a certificate from the Standards Commission certifying that the person has complied with the provisions of section 52(6) of the Act in relation to the election.

(Further information regarding the requirements of sections 31(7) and 52(6) of the Act is available on the Lobby / Campaign Groups page of this website)

Sections 31(10) and 52(9) of the Act, above, are not intended, and should not be construed, to prevent or restrict the lawful publication of any matter in relation to an election in a newspaper or other publication, or the broadcast of such matter by radio or television or the lawful expression of opinion on any matter of public interest by any person.

It is an offence for the publisher of a newspaper, magazine or other periodical publication to fail to comply with the provisions of section 31(10) or 52(9) of the Act. If found guilty of such an offence, the publisher would be liable, on summary conviction, to a fine not exceeding €1,269.74.

It is the practice of the Standards Commission to write to publishers of newspapers, magazines and other periodical publications in advance of an election setting out the legal requirements as outlined above.