IrelandEuropean Union (Political Advertising) Regulations 2025 (Supervision, Enforcement and Sanctions for Regulation (EU) 2024/900)
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- If you are a sponsor or a provider of political advertising services within Regulation (EU) 2024/900 on the transparency and targeting of political advertising, comply with the obligations that Regulation imposes on you: An Coimisiún Toghcháin supervises them, except that Coimisiún na Meán supervises compliance of providers of intermediary services, audiovisual media services, sound broadcasting services, designated relevant online services and hosting services with Articles 7 to 17, and the Data Protection Commission supervises Articles 18 and 19, on targeting and ad amplification techniques.
- Comply with a compliance notice served on you under regulation 16 by the date it specifies, which may not be earlier than the end of the 28 days in which you may appeal it to the District Court.
- If you are a political advertising publisher required to prepare a management report, make the information included in it by virtue of Article 14(1) of Regulation (EU) 2024/900 available to An Coimisiún Toghcháin within the 28 days immediately following the inclusion of that information in the report.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Failing to comply with a compliance notice, or causing or permitting another person to fail to comply with it, is an offence under regulation 16(7), and so is a political advertising publisher's failure to make management report information available to An Coimisiún Toghcháin under regulation 33(2). Each is punishable on summary conviction by a class A fine or imprisonment for up to 12 months or both, and on conviction on indictment by a fine of up to €50,000 or imprisonment for up to three years or both.
Who enforces it
Enforcement body
An Coimisiún Toghcháin (the Electoral Commission), the national contact point and competent authority for Articles 21(4) and 22(3) and (4); Coimisiún na Meán for the obligations in Articles 7 to 17 that apply to providers of intermediary services, audiovisual media services, sound broadcasting services, designated relevant online services and hosting service providers; the Data Protection Commission for Articles 18 and 19.
What this law does
Regulation 5 designates An Coimisiún Toghcháin, for the purposes of Article 22(9), as the national contact point for the purposes of all aspects of the Political Advertising Regulation, which is Regulation (EU) 2024/900 on the transparency and targeting of political advertising. Regulation 6(1) designates An Coimisiún Toghcháin, subject to paragraph (2) and Regulation 31, as the competent authority for the purposes of Articles 21(4) and 22(3) and (4).
Regulation 6(2) designates Coimisiún na Meán, for the purposes of Article 22(3) and (4), as the competent authority to supervise the compliance of providers of intermediary services, providers of audiovisual media services, providers of a sound broadcasting service, providers of designated relevant online services and hosting service providers with the obligations in Articles 7 to 17 that apply to them.
Regulation 31 designates the Data Protection Commission, for the purposes of Article 22(1), as the competent authority in respect of Articles 18 and 19, other than insofar as those Articles apply to Regulation (EU) 2018/1725. Regulation 4 provides that the relevant provisions of the Regulations, other than Regulation 3 and Regulation 4, do not apply to an infringement committed during the grace period, which runs from and including to and including .
Regulation 16 lets the competent authority serve a compliance notice on a relevant sponsor or provider, for the purposes of Article 22(5) and (6), on or after the day a decision that the relevant infringement was committed takes effect. A sponsor or provider on whom a compliance notice was served may, within 28 days from the date on which the notice was served, appeal to a judge of the District Court against a decision or direction in the notice.
A sponsor or provider that fails to comply with a compliance notice commits an offence punishable on summary conviction by a class A fine or imprisonment for a term not exceeding 12 months or both, and on conviction on indictment by a fine not exceeding €50,000 or imprisonment for a term not exceeding three years or both.
Regulation 23(1) provides that an administrative financial penalty, other than a periodic one, shall not exceed the maximum amounts specified in Article 25(2), and that a periodic administrative financial penalty shall not exceed a maximum of €1,000 for each day or part of a day on which the relevant infringement is continued.
Regulation 33 requires a political advertising publisher required to prepare a management report to make the information included in that report by virtue of Article 14(1) available to An Coimisiún Toghcháin within the 28 days immediately following the inclusion of that information in the report. Regulation 36 repeals section 140 of the Electoral Act 1992 and Part 4 of the Electoral Reform Act 2022.
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