How the new Sub-Committee on Disinformation can help strengthen democracy in the digital age

Michela.Palese (1)In April 2019 the Commons Digital, Culture, Media and Sport select committee established a sub-committee to continue its inquiry into disinformation and data privacy in the digital age. Michela Palese considers the motivations underlying the establishment of this sub-committee, its stated priorities, and how it can help confront the challenges and threats to our democratic processes arising from online campaigning.

Last month the Digital, Culture, Media and Sport (DCMS) select committee launched a new Sub-Committee on Disinformation. Its task is to become ‘Parliament’s institutional home’ for matters concerning disinformation and data privacy; a focal point that will bring together those seeking to scrutinise and examine threats to democracy.’

The new sub-committee promises to offer an ongoing channel through which to gather evidence on disinformation and online political campaigning, and to highlight the urgent need for government, parliament, tech companies and others to take action so as to protect the integrity of our political system from online threats.

Damian Collins, chair of the DCMS committee, explained that the sub-committee was created because of:

‘concerns about the spread of disinformation and the pivotal role that social media plays. Disinformation is a growing issue for democracy and society, and robust public policy responses are needed to tackle it at source, as well as through the channels through which it is shared. We need to look principally at the responsibilities of big technology companies to act more effectively against the dissemination of disinformation, to provide more tools for their users to help them identify untrustworthy sources of information, and to provide greater transparency about who is promoting that content.’

The sub-committee follows up on the significant work conducted as part of the DCMS committee’s long-running inquiry into Disinformation and ‘Fake News’, whose final report was published in February 2019.

This inquiry ran for 18 months, held 23 oral evidence sessions, and took evidence from 73 witnesses: its final report contained a series of important conclusions and recommendations.

Among these, the report called on the government to look at how UK law should define ‘digital campaigning’ and ‘online political advertising’, and to acknowledge the role and influence of unpaid campaigns and Facebook groups both outside and during regulated campaign periods. It also advocated the creation of a code of practice around the political use of personal data, which would offer transparency about how people’s data are being collected and used, and about what messages users are being targeted with and by whom. It would also mean that political parties would have to take greater responsibility with regards to the use of personal data for political purposes, and ensure compliance with data protection and user consent legislation. Continue reading

Is there time for another referendum before the new Brexit deadline?

alan.jfif (1)

The last few weeks have been a whirlwind of Brexit news. Campaigners for a no-deal outcome have made themselves heard—as have campaigners for a second vote. But the new Halloween Brexit deadline is just over six months away. This raises the question: is there time to hold another referendum before we leave? And would it be possible to conduct such a vote in a proper manner? Alan Renwick addresses the key questions and concludes that a properly conducted referendum is preferable to a speedy one.

In a report published last autumn, my colleagues and I at the Unit calculated that it takes at least 22 weeks—roughly five months—to hold a referendum in the UK. That allows 11 weeks for the necessary legislation to go through parliament and the Electoral Commission to assess the proposed question, one week to get ready, and ten weeks for the campaign. If parliament started this process today, a vote could be held on 26th September. So long as the wheels were set in motion by the European Parliament elections on 23rd May, a referendum could go ahead on 24th October; the last Thursday that gives time for the result to be declared before the deadline.

So the simple answer to the question posed above is, yes, there is time for a referendum by October.

But does pushing for a referendum at breakneck speed still make sense? Back when we were writing our report, the first question everyone asked was whether a vote could be held before Brexit day on 29th March. Once that timetable had become untenable, the question was whether the ballot could be organised by 23rd May or 30th June, so that the UK would not have to participate in the European Parliament elections. If a vote is being contemplated for September or October, that Rubicon will long have been crossed.

Crucially, EU leaders have signalled that the Halloween deadline will not be final if a decision-making process is ongoing by then. In other words, starting the referendum process could itself provide Britain with more time to deliberate. Businesses are desperate for some kind of resolution. But a well-run referendum would produce a more robust outcome. Taking a little extra time to ensure that would be worthwhile.

Continue reading

What would be the rules for a second Brexit referendum?

jess_sargent.000alan_renwick.000download.001This week’s Labour Party conference leaves a further Brexit referendum firmly on the political agenda. In the sixth of a series of posts on the mechanics of such a vote, Jess Sargeant, Alan Renwick, and Meg Russell examine what rules and regulations should govern the referendum process, arguing that important changes are needed to facilitate a fair and transparent campaign.

If  a further referendum on Brexit is held, the rules governing how it is conducted would be of utmost importance. The UK’s standing legislation on referendums – the Political Parties, Elections and Referendums Act (PPERA) 2000 – is both incomplete and in some respects out of date. As explained in a previous post, a new referendum would require fresh legislation. This therefore needs to fill in the gaps and update the rules to reflect the realities of modern campaigning. The natural starting point would be the legislation that paved the way for the 2016 referendum – the European Union Referendum Act 2015. But even that has deficiencies. This post examines key points that new referendum legislation would need to address. It also considers non-legislative changes that could improve the referendum campaign.

The franchise: who should be able to vote in a further referendum?

The franchise for referendums in the UK is not specified in PPERA, so would need to be defined in the legislation for a further Brexit referendum. The 2016 referendum franchise included all those eligible to vote in UK parliamentary elections, plus members of the House of Lords and EU citizens resident in Gibraltar. Some proponents of a second referendum argue this should be extended to 16- and 17-year-olds and EU citizens resident in the UK.

There are good arguments for extending the franchise, and precedent for doing so: 16- and 17-year-olds and EU citizens resident in Scotland could vote in the 2014 Scottish independence referendum. But – despite attempts to change this in parliament – the 2016 EU referendum legislation did not extend the right to vote to these groups, and consistency matters. If it appeared that the result of the 2016 referendum had been overturned because the franchise had been changed, many Leave supporters would view this outcome as illegitimate. As such, the franchise for any further referendum should be the same as for the 2016 vote.

How might referendum regulation be improved?

The referendum regulations in PPERA have not been substantively amended since they were introduced 2000. Since then, five referendums have been held, and the nature of communication and campaigning has changed significantly. Continue reading