FOI Schedule Cot?gm Conn 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rec. Date Brief Description No. of File ref. Decision: Grant/ Basis of refusal: Reason for decision Public Interest Record Edited/
No. Pages Part Grant/ Refuse Section of Act Considerations (for Identify
and against release) deletions
1 05/04/2018 Email from Niamh Sweeney, Facebook, 2 Facebook Grant n/a n/a n/a n/a
to Sherry Peneault
2 06/04/2018 Email from Sherry Perreault to Niamh 2 Facebook Grant n/a n/a n/a n/a
Sweeney
3 06/04/2018 Email from Niamh Sweeney to Sherry 3 Facebook Grant n/a n/a n/a n/a
Perrwult
4 10/04/2018 Email from Niamh Sweeney to Sherry 4 Facebook Grant n/a n/a n/a n/a
Perrwult
5 11/04/20 18? Email from Sherry Peireault to Niamh 3 Facebook Grant n/a .n/a n/a n/a
Sweeney
6 11/04/2018 Email from Niamh Sweeney to Sherry 5 Facebook Grant n/a n/a n/a n/a
Perreault
7 11/04/2018 Email from Sherry Peireault to Niamh 3 Facebook Grant n/a n/a n/a n/a
Sweeney
8 11/04/2018 Third parties - Presentation to 14 Facebook Grant n/a n/a n/a n/a
Facebook 11 April 2018 - attachment to
email 1 1Apn'12018
9 11/04/2018 Email from Niamh Sweeney to Sherry 5 Facebook Grant n/a n/a n/a n/a
Perrth
10 16/04/2018'Email from Niamh Sweeney to Sheny 2 Facebook Grant n/a 'n/a n/a n/a
Permuult
11 03/05/2018 Email from Ray Butler to Niamh 3 Facebook Grant n/a n/a n/a n/a
Sweeney
12 04/05/2018 Email from Niamh Sweeney to Ray 3 Facebook Grant n/a n/a n/a n/a
Butler
Schedule Page 1 of 2

FOI Schedule Cot?gm Conn 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rec. Date Brief Description No. of File ref. Decision: Grant/ Basis of refusal: Reason for decision Public Interest Record Edited/
No. Pages Part Grant/ Refuse Section of Act Considerations (for Identify
and against release) deletions
13 04/05/2018 Internal email from Sherry Perreault to 4 Facebook Grant n/a n/a n/a n/a
Ray Butler
14 11/05/2018 Email from Ray Butler to Niamh 4 Facebook Grant n/a n/a n/a n/a
Sweeney
15 11/05/2018 Automatic reply from Niamh Sweeney 1 Facebook Grant n/a n/a n/a n/a
16 18/05/2018 Email from Niamh Sweeney to Ray 6 Facebook Grant n/a n/a n/a n/a
Butler
17 21/05/2018Email from Claire Rush, Facebook, to 6 Facebook Grant n/a 'n/a n/a n/a
Ray Butler
18 21/05/2018 Email from Ray Butler to Claire Rush 5 Facebook Grant n/a n/a n/a n/a
19 21/05/2018 Email from Ray Butler to Claire Rush 5 Facebook Grant n/a n/a n/a n/a
20 21/05/2018 Email from Claire Rush to Ray Butler 8 Facebook Grant n/a n/a n/a n/a
21 21/05/2018 Email from Ray Butler to Claire Rush 6 Facebook Grant n/a n/a n/a n/a
22 21/05/2018'Email from Claire Rush to Ray Butler 9 Facebook Grant n/a 'n/a n/a n/a
23 31/05/2018 Brie?ng note for Commission Meeting 2 DMS/Standards in Public Part-grant S. 18 Parts of record are not n/a Sections on page
on 11 June 2018 Electoral Acts general Of?ce Commission within scope of request 1 and last
updates paragraph on
page 2
Schedule Page 2 of 2

Sherry Perreault
From:
Sent:
To:
Subject:

Niamh Sweeney
Thursday 5 April 2018 17:19
Sherry Perreault
Information Session, April 11

Hi Sherry,
Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign groups on
both sides of the debate last week below so you can see how we’ve positioned it.
But, as we discussed, it is essentially an information session for advocacy groups to brief them on our existing
advertising and content policies, in the context of the forthcoming referendum. It will also give them a chance to ask
us questions, and us a chance to share the irelandref2018@facebook.com email alias that we have created to let
designated POCs on both sides surface any issues/queries they have to us.
It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to take more
than an hour to 90 minutes, so there would be time for a SIPO representative to address the attendees on their
campaign donation obligations, and indeed to field any questions they may have, if you thought that might be a
useful opportunity to do so.
Please let me know if I’ve left anything important out of the above!
Best,
Niamh

Hi there,
You are invited to attend an information session on Facebook’s advertising and content policies on Wednesday,
April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.
This information session is taking place in the context of the forthcoming referendum on the Eighth Amendment of
the Constitution of Ireland.
We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per organisation.
Attendance will be capped at 100 people due to capacity constraints.
Please RSVP to facebookireland@hanovercomms.com if you would like to attend, stating your name, email address
and the organisation with which you are affiliated.
Please note that this session is for members of advocacy groups who will be campaigning in the referendum only.
Many thanks,
Niamh Sweeney
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2
1

 face-bunk
Ii 

Sherry Perreault
From:
Sent:
To:
Cc:
Subject:

Sherry Perreault
Friday 6 April 2018 09:50
Niamh Sweeney
Ray Butler
Re: Information Session, April 11

Dear Niamh,
Thanks very much for the invitation, we would indeed be interested in participating. I assume it will be at
the offices at Grand Canal Square, is that right?
We would propose doing a 10-15 minute presentation on the rules regarding third party and corporate
donor registration, as well as donation thresholds and limits. We will bring some handouts for attendees. I
assume you will have PowerPoint facilities?
I will be accompanied by my colleague Ray Butler.
Thanks again and will see you next Wednesday.
Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11
Hi Sherry,
Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign groups on
both sides of the debate last week below so you can see how we’ve positioned it.
But, as we discussed, it is essentially an information session for advocacy groups to brief them on our existing
advertising and content policies, in the context of the forthcoming referendum. It will also give them a chance to ask
us questions, and us a chance to share the irelandref2018@facebook.com email alias that we have created to let
designated POCs on both sides surface any issues/queries they have to us.
It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to take more
than an hour to 90 minutes, so there would be time for a SIPO representative to address the attendees on their
campaign donation obligations, and indeed to field any questions they may have, if you thought that might be a
useful opportunity to do so.
Please let me know if I’ve left anything important out of the above!
Best,
Niamh
1

 Hi there,
You are invited to attend an information session on Facebook’s advertising and content policies on Wednesday,
April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.
This information session is taking place in the context of the forthcoming referendum on the Eighth Amendment of
the Constitution of Ireland.
We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per organisation.
Attendance will be capped at 100 people due to capacity constraints.
Please RSVP to facebookireland@hanovercomms.com if you would like to attend, stating your name, email address
and the organisation with which you are affiliated.
Please note that this session is for members of advocacy groups who will be campaigning in the referendum only.
Many thanks,
Niamh Sweeney
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

2

 Sherry Perreault
From:
Sent:
To:
Cc:
Subject:

Niamh Sweeney
Friday 6 April 2018 12:27
Sherry Perreault
Ray Butler
Re: Information Session, April 11

Hi Sherry,
That’s great that you can participate.
We will be sending a reminder email to those who have yet to respond later today – we can include some
information about your presentation along the lines of what you have described below if you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in advance so we can get
it lined up that would be great. In this particular event space it’s not as straightforward as just plugging in a laptop.
It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery Hill and Cardiff
Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,

Thanks very much for the invitation, we would indeed be interested in participating. I assume it will be at
the offices at Grand Canal Square, is that right?

We would propose doing a 10-15 minute presentation on the rules regarding third party and corporate donor
registration, as well as donation thresholds and limits. We will bring some handouts for attendees. I assume
you will have PowerPoint facilities?

I will be accompanied by my colleague Ray Butler.
1

 Thanks again and will see you next Wednesday.

Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,

Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign
groups on both sides of the debate last week below so you can see how we’ve positioned it.

But, as we discussed, it is essentially an information session for advocacy groups to brief them on our
existing advertising and content policies, in the context of the forthcoming referendum. It will also give
them a chance to ask us questions, and us a chance to share the irelandref2018@facebook.com email alias
that we have created to let designated POCs on both sides surface any issues/queries they have to us.

It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to take
more than an hour to 90 minutes, so there would be time for a SIPO representative to address the attendees
on their campaign donation obligations, and indeed to field any questions they may have, if you thought that
might be a useful opportunity to do so.

Please let me know if I’ve left anything important out of the above!

Best,

Niamh
2

 Hi there,

You are invited to attend an information session on Facebook’s advertising and content policies on
Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.

This information session is taking place in the context of the forthcoming referendum on the Eighth
Amendment of the Constitution of Ireland.

We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per
organisation. Attendance will be capped at 100 people due to capacity constraints.

Please RSVP to facebookireland@hanovercomms.com if you would like to attend, stating your name, email
address and the organisation with which you are affiliated.

Please note that this session is for members of advocacy groups who will be campaigning in the referendum
only.

Many thanks,

Niamh Sweeney

Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

3

 Sherry Perreault
From:
Sent:
To:
Cc:
Subject:

Niamh Sweeney
Tuesday 10 April 2018 19:25
Sherry Perreault
Ray Butler
Re: Information Session, April 11

Hi Sherry,
I’m just checking in ahead of our event tomorrow.
You might let me know if you will be able to share your slides in advance. If not, I am told we will be able to manage
if you just bring them on a USB key.
Please feel free to call me if you have any questions.
Best,
Niamh

From: Niamh Sweeney
Date: Friday, April 6, 2018 at 12:27 PM
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
That’s great that you can participate.
We will be sending a reminder email to those who have yet to respond later today – we can include some
information about your presentation along the lines of what you have described below if you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in advance so we can get
it lined up that would be great. In this particular event space it’s not as straightforward as just plugging in a laptop.
It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery Hill and Cardiff
Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
1

 To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,

Thanks very much for the invitation, we would indeed be interested in participating. I assume it will be at
the offices at Grand Canal Square, is that right?

We would propose doing a 10-15 minute presentation on the rules regarding third party and corporate donor
registration, as well as donation thresholds and limits. We will bring some handouts for attendees. I assume
you will have PowerPoint facilities?

I will be accompanied by my colleague Ray Butler.

Thanks again and will see you next Wednesday.

Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,

Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign
groups on both sides of the debate last week below so you can see how we’ve positioned it.

But, as we discussed, it is essentially an information session for advocacy groups to brief them on our
existing advertising and content policies, in the context of the forthcoming referendum. It will also give
2

 them a chance to ask us questions, and us a chance to share the irelandref2018@facebook.com email alias
that we have created to let designated POCs on both sides surface any issues/queries they have to us.

It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to take
more than an hour to 90 minutes, so there would be time for a SIPO representative to address the attendees
on their campaign donation obligations, and indeed to field any questions they may have, if you thought that
might be a useful opportunity to do so.

Please let me know if I’ve left anything important out of the above!

Best,

Niamh

Hi there,

You are invited to attend an information session on Facebook’s advertising and content policies on
Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.

This information session is taking place in the context of the forthcoming referendum on the Eighth
Amendment of the Constitution of Ireland.

We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per
organisation. Attendance will be capped at 100 people due to capacity constraints.

Please RSVP to facebookireland@hanovercomms.com if you would like to attend, stating your name, email
address and the organisation with which you are affiliated.

Please note that this session is for members of advocacy groups who will be campaigning in the referendum
only.
3

 Many thanks,

Niamh Sweeney

Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

4

 Sherry Perreault
From:
Sent:
To:
Subject:

Sherry Perreault
Wednesday 11 April 2018 09:50
Niamh Sweeney
Re: Information Session, April 11

Hi Niamh,
Thanks for this. I am hoping to have them over to you this morning; will be in touch soon.
Kind regards,
Sherry

From: Niamh Sweeney
Sent: 10 April 2018 19:24
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
I’m just checking in ahead of our event tomorrow.
You might let me know if you will be able to share your slides in advance. If not, I am told we will be able to manage
if you just bring them on a USB key.
Please feel free to call me if you have any questions.
Best,
Niamh

From: Niamh Sweeney
Date: Friday, April 6, 2018 at 12:27 PM
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
That’s great that you can participate.
We will be sending a reminder email to those who have yet to respond later today – we can include some
information about your presentation along the lines of what you have described below if you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in advance so we can get
it lined up that would be great. In this particular event space it’s not as straightforward as just plugging in a laptop.
1

 It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery Hill and Cardiff
Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,
Thanks very much for the invitation, we would indeed be interested in participating. I assume it will be at
the offices at Grand Canal Square, is that right?
We would propose doing a 10-15 minute presentation on the rules regarding third party and corporate
donor registration, as well as donation thresholds and limits. We will bring some handouts for attendees. I
assume you will have PowerPoint facilities?
I will be accompanied by my colleague Ray Butler.
Thanks again and will see you next Wednesday.
Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,
Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign
groups on both sides of the debate last week below so you can see how we’ve positioned it.
But, as we discussed, it is essentially an information session for advocacy groups to brief them on our
existing advertising and content policies, in the context of the forthcoming referendum. It will also give
them a chance to ask us questions, and us a chance to share the irelandref2018@facebook.com email alias
that we have created to let designated POCs on both sides surface any issues/queries they have to us.
2

 It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to
take more than an hour to 90 minutes, so there would be time for a SIPO representative to address the
attendees on their campaign donation obligations, and indeed to field any questions they may have, if you
thought that might be a useful opportunity to do so.
Please let me know if I’ve left anything important out of the above!
Best,
Niamh

Hi there,
You are invited to attend an information session on Facebook’s advertising and content policies on
Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.
This information session is taking place in the context of the forthcoming referendum on the Eighth
Amendment of the Constitution of Ireland.
We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per
organisation. Attendance will be capped at 100 people due to capacity constraints.
Please RSVP to facebookireland@hanovercomms.com if you would like to attend, stating your name, email
address and the organisation with which you are affiliated.
Please note that this session is for members of advocacy groups who will be campaigning in the
referendum only.
Many thanks,
Niamh Sweeney
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

3

 Sherry Perreault
From:
Sent:
To:
Subject:

Niamh Sweeney
Wednesday 11 April 2018 10:21
Sherry Perreault
Re: Information Session, April 11

Thanks a million, Sherry. No rush at all.
Niamh
Sent from my iPhone
On 11 Apr 2018, at 09:50, Sherry Perreault

wrote:

Hi Niamh,

Thanks for this. I am hoping to have them over to you this morning; will be in touch soon.

Kind regards,
Sherry

From: Niamh Sweeney
Sent: 10 April 2018 19:24
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
I’m just checking in ahead of our event tomorrow.
You might let me know if you will be able to share your slides in advance. If not, I am told we will be
able to manage if you just bring them on a USB key.
Please feel free to call me if you have any questions.
Best,
Niamh

1

 From: Niamh Sweeney
Date: Friday, April 6, 2018 at 12:27 PM
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
That’s great that you can participate.
We will be sending a reminder email to those who have yet to respond later today – we can include
some information about your presentation along the lines of what you have described below if
you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in
advance so we can get it lined up that would be great. In this particular event space it’s not as
straightforward as just plugging in a laptop.
It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery
Hill and Cardiff Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,

Thanks very much for the invitation, we would indeed be interested in participating. I
assume it will be at the offices at Grand Canal Square, is that right?

We would propose doing a 10-15 minute presentation on the rules regarding third party
and corporate donor registration, as well as donation thresholds and limits. We will bring
some handouts for attendees. I assume you will have PowerPoint facilities?

I will be accompanied by my colleague Ray Butler.
2

 Thanks again and will see you next Wednesday.

Kind regards,
Sherry

<image001.png>

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,

Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued
to campaign groups on both sides of the debate last week below so you can see how we’ve
positioned it.

But, as we discussed, it is essentially an information session for advocacy groups to brief
them on our existing advertising and content policies, in the context of the forthcoming
referendum. It will also give them a chance to ask us questions, and us a chance to share
the irelandref2018@facebook.com email alias that we have created to let designated POCs
on both sides surface any issues/queries they have to us.

It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve
described above to take more than an hour to 90 minutes, so there would be time for a
SIPO representative to address the attendees on their campaign donation obligations, and
indeed to field any questions they may have, if you thought that might be a useful
opportunity to do so.

Please let me know if I’ve left anything important out of the above!

Best,
3

 Niamh

Hi there,

You are invited to attend an information session on Facebook’s advertising and content
policies on Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in
Dublin.

This information session is taking place in the context of the forthcoming referendum on
the Eighth Amendment of the Constitution of Ireland.

We are inviting organisations campaigning on both sides to attend, with a limit of two
attendees per organisation. Attendance will be capped at 100 people due to capacity
constraints.

Please RSVP to f
if you would like to attend, stating
your name, email address and the organisation with which you are affiliated.

Please note that this session is for members of advocacy groups who will be campaigning in
the referendum only.

Many thanks,

Niamh Sweeney

Niamh Sweeney   Head of Public Policy, Ireland
4

 Facebook 4 Grand Canal Square, Dublin 2

<image002.png>

Sherry Perreault
From:
Sent:
To:
Cc:
Subject:
Attachments:

Sherry Perreault
Wednesday 11 April 2018 10:10
Niamh Sweeney
Ray Butler
Re: Information Session, April 11
Third parties - Presentation to Facebook 11 April 2018.pptx

Hi Niamh,
It was finalized faster than I thought! Attached please find a copy of our slides for this evening. Will see
you there.
Kind regards,
Sherry

From: Niamh Sweeney
Sent: 10 April 2018 19:24
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
I’m just checking in ahead of our event tomorrow.
You might let me know if you will be able to share your slides in advance. If not, I am told we will be able to manage
if you just bring them on a USB key.
Please feel free to call me if you have any questions.
Best,
Niamh

From: Niamh Sweeney
Date: Friday, April 6, 2018 at 12:27 PM
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
That’s great that you can participate.

1

 We will be sending a reminder email to those who have yet to respond later today – we can include some
information about your presentation along the lines of what you have described below if you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in advance so we can get
it lined up that would be great. In this particular event space it’s not as straightforward as just plugging in a laptop.
It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery Hill and Cardiff
Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,
Thanks very much for the invitation, we would indeed be interested in participating. I assume it will be at
the offices at Grand Canal Square, is that right?
We would propose doing a 10-15 minute presentation on the rules regarding third party and corporate
donor registration, as well as donation thresholds and limits. We will bring some handouts for attendees. I
assume you will have PowerPoint facilities?
I will be accompanied by my colleague Ray Butler.
Thanks again and will see you next Wednesday.
Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,
Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued to campaign
groups on both sides of the debate last week below so you can see how we’ve positioned it.

2

 But, as we discussed, it is essentially an information session for advocacy groups to brief them on our
existing advertising and content policies, in the context of the forthcoming referendum. It will also give
them a chance to ask us questions, and us a chance to share the irelandref2018@facebook.com email alias
that we have created to let designated POCs on both sides surface any issues/queries they have to us.
It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve described above to
take more than an hour to 90 minutes, so there would be time for a SIPO representative to address the
attendees on their campaign donation obligations, and indeed to field any questions they may have, if you
thought that might be a useful opportunity to do so.
Please let me know if I’ve left anything important out of the above!
Best,
Niamh

Hi there,
You are invited to attend an information session on Facebook’s advertising and content policies on
Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in Dublin.
This information session is taking place in the context of the forthcoming referendum on the Eighth
Amendment of the Constitution of Ireland.
We are inviting organisations campaigning on both sides to attend, with a limit of two attendees per
organisation. Attendance will be capped at 100 people due to capacity constraints.
if you would like to attend, stating your name, email
Please RSVP to
address and the organisation with which you are affiliated.

Please note that this session is for members of advocacy groups who will be campaigning in the
referendum only.
Many thanks,
Niamh Sweeney
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

3

 Sherry Perreault
From:
Sent:
To:
Cc:
Subject:

Niamh Sweeney
Wednesday 11 April 2018 10:21
Sherry Perreault
Ray Butler
Re: Information Session, April 11

Faster than I can read my emails aswell - thank you!
Sent from my iPhone
On 11 Apr 2018, at 10:13, Sherry Perreault

wrote:

Hi Niamh,

It was finalized faster than I thought! Attached please find a copy of our slides for this
evening. Will see you there.

Kind regards,
Sherry

From: Niamh Sweeney
Sent: 10 April 2018 19:24
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
I’m just checking in ahead of our event tomorrow.
You might let me know if you will be able to share your slides in advance. If not, I am told we will be
able to manage if you just bring them on a USB key.
Please feel free to call me if you have any questions.
Best,
Niamh

1

 From: Niamh Sweeney
Date: Friday, April 6, 2018 at 12:27 PM
To: Sherry Perreault
Cc: Ray Butler
Subject: Re: Information Session, April 11
Hi Sherry,
That’s great that you can participate.
We will be sending a reminder email to those who have yet to respond later today – we can include
some information about your presentation along the lines of what you have described below if
you’re happy with that?
We will have large screens at the top of the room – if you could send us your presentation in
advance so we can get it lined up that would be great. In this particular event space it’s not as
straightforward as just plugging in a laptop.
It is happening in our Grand Canal Square office, yes – we are located just at the corner of Misery
Hill and Cardiff Lane, next to the Bord Gáis Theatre.
Looking forward to meeting you in person together with your colleague Ray.
Best,
Niamh

From: Sherry Perreault
Date: Friday, April 6, 2018 at 9:51 AM
To: Niamh Sweeney
Cc: Ray Butler
Subject: Re: Information Session, April 11
Dear Niamh,

Thanks very much for the invitation, we would indeed be interested in participating. I
assume it will be at the offices at Grand Canal Square, is that right?

We would propose doing a 10-15 minute presentation on the rules regarding third party
and corporate donor registration, as well as donation thresholds and limits. We will bring
some handouts for attendees. I assume you will have PowerPoint facilities?

I will be accompanied by my colleague Ray Butler.
2

 Thanks again and will see you next Wednesday.

Kind regards,
Sherry

From: Niamh Sweeney
Sent: 05 April 2018 17:19
To: Sherry Perreault
Subject: Information Session, April 11

Hi Sherry,

Thank you again for taking my call just now. I’ve pasted the text of the invitation that issued
to campaign groups on both sides of the debate last week below so you can see how we’ve
positioned it.

But, as we discussed, it is essentially an information session for advocacy groups to brief
them on our existing advertising and content policies, in the context of the forthcoming
referendum. It will also give them a chance to ask us questions, and us a chance to share
the irelandref2018@facebook.com email alias that we have created to let designated POCs
on both sides surface any issues/queries they have to us.

It will take place next Wednesday, April 11, from 5 to 7pm. I don’t expect what I’ve
described above to take more than an hour to 90 minutes, so there would be time for a
SIPO representative to address the attendees on their campaign donation obligations, and
indeed to field any questions they may have, if you thought that might be a useful
opportunity to do so.

Please let me know if I’ve left anything important out of the above!

Best,
3

 Niamh

Hi there,

You are invited to attend an information session on Facebook’s advertising and content
policies on Wednesday, April 11, from 5pm to 7pm at Facebook’s International HQ in
Dublin.

This information session is taking place in the context of the forthcoming referendum on
the Eighth Amendment of the Constitution of Ireland.

We are inviting organisations campaigning on both sides to attend, with a limit of two
attendees per organisation. Attendance will be capped at 100 people due to capacity
constraints.

Please RSVP to
if you would like to attend, stating
your name, email address and the organisation with which you are affiliated.

Please note that this session is for members of advocacy groups who will be campaigning in
the referendum only.

Many thanks,

Niamh Sweeney

Niamh Sweeney   Head of Public Policy, Ireland
4

 Facebook   4 Grand Canal Square, Dublin 2

<Third parties - Presentation to Facebook 11 April 2018.pptx>

5

 Mail -

Page 1 of 2

Electoral Acts Query
Niamh Sweeney
Mon 16/04/2018 12:18
To Sherry
Cc Claire

Perreault

; Ray Butler

Rush

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.
I’m writing today to surface an issue that was raised to us recently in the context of a report involving Pages
on Facebook which had been sharing and cross-posting certain content in connection with the upcoming
referendum. Given how opaque the law is in this area, we would be keen for your guidance as to how we
should treat any similar cases going forward.
The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to the
referendum. This content was then re-shared and boosted by a Page based outside of the State. The
“foreign” Page then “boosted” the post and targeted the boosted post to Irish users. Boosting a post allows
advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an audience of
people who they define. While the ad in question is now no longer running, we thought that it raised an
important question in light of how to interpret the relevant provisions of the Electoral Acts.
We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign
persons or entities (herein a “foreign donation”). According to Sec 23(a)(2):
(2) None of the persons referred to in any of paragraphs (a) to (f) of subsection (1) shall, directly or through
any intermediary, accept a donation of whatever value given by—
(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or
(b) a body corporate or unincorporated body of persons which does not keep an office in the island of
Ireland, being an office from which the carrying on of one or more of its principal activities is directed.
Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted by
the registered third party and the party does not, within 14 days, return the donation to the donor or notify
SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee and it is
unclear whether the act of the donation is itself unlawful.
We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:
1. Would this constitute a foreign donation?
2. If yes, is it prohibited absent any action by the donee to report or reject the donation?
3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

https://webmail.ombudsman.ie/owa/

01/05/2018

 Mail -

Page 2 of 2

4. What obligations does FB have to determine (a) whether a donor is foreign and (b) whether a donee
has accepted the foreign donation under the law (as an intermediary, we would have no knowledge
whether a donee had in fact reported an ad to SIPO)?

5.
We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.
Please don't hesitate to get in touch should you require further clarification.
Best,
Niamh
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

https://webmail.ombudsman.ie/owa/

01/05/2018

 Re: Electoral Acts Query
Ray Butler
Thu 03/05/2018 17:46
To: Niamh Sweeney
Cc:Sherry Perreault <

;
;

Dear Niamh
I refer to your query in rela on to the Electoral Acts.
In the guidelines provided to poli cal par es on steps to be taken concerning dona ons and
prohibited dona ons, the Standards Commission advises that the onus is on the person accep ng the
dona on to make whatever enquiries are necessary and to obtain any corrobora ng evidence that may be
required in order to be sa sfied that he/she is not precluded from accep ng a dona on from the person
concerned. This requirement also applies to dona ons made to Third Par es.
It is not clear if it is possible to provide the evidence required in the situa on you have outlined. To help us
provide guidance to you on the issue, can you provide clarifica on on the following?
1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by a
page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?
2) My understanding is that "boos ng" a page is a paid adver sement. Can you confirm that this is the case, if
so, could you indicate what cost a "boost" such as the one you have highlighted would be?
3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In this
case would Facebook have contacted the Irish Campaign group to ask them could their content be re-shared
and/or boosted?
I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.
Regards
Ray
Raymond Butler   Standards in Public Office Commission   18 Lower Leeson Street, Dublin 2   D02 HE97  * r
  http://www.sipo.gov.ie/en/

From: Niamh Sweeney
Sent: 16 April 2018 12:18
To: Sherry Perreault; Ray Butler
Cc: Claire Rush
Subject: Electoral Acts Query

 

 Dear Sherry and Ray,
Thank you again for joining our informa on session last week. We all thought it worked very well.
I’m wri ng today to surface an issue that was raised to us recently in the context of a report involving Pages on
Facebook which had been sharing and cross-pos ng certain content in connec on with the upcoming referendum.
Given how opaque the law is in this area, we would be keen for your guidance as to how we should treat any similar
cases going forward.
The scenario involves an Irish campaign group which posted content on its Facebook Page in rela on to the referendum.
This content was then re-shared and boosted by a Page based outside of the State. The “foreign” Page then “boosted”
the post and targeted the boosted post to Irish users. Boos ng a post allows adver sers to quickly create a Facebook ad
using their post and the adver ser can show it to an audience of people who they define. While the ad in ques on is
now no longer running, we thought that it raised an important ques on in light of how to interpret the relevant
provisions of the Electoral Acts.
We are aware that the Electoral Acts prohibit registered third par es from accep ng dona ons from foreign persons or
en es (herein a “foreign dona on”). According to Sec 23(a)(2):
(2) None of the persons referred to in any of paragraphs (a) to (f) of subsec on (1) shall, directly or through any
intermediary, accept a dona on of whatever value given by—
(a) an individual (other than an Irish ci zen) who resides outside the island of Ireland, or
(b) a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland, being an
office from which the carrying on of one or more of its principal ac vi es is directed.
Based on our reading of the language, it appears that a foreign dona on is only prohibited if it is accepted by the
registered third party and the party does not, within 14 days, return the dona on to the donor or no fy SIPO and remit
the dona on to SIPO. Therefore, the obliga on under the Acts lies with the donee and it is unclear whether the act of
the dona on is itself unlawful.
We are aware that the crea on of online ads is a rela vely new mechanism to consider in light of the Acts' provisions
and scope. In view of the apparent opaqueness as to how the relevant provisions noted above would apply in prac ce to
the above-men oned scenario, we are hoping that you could consider and address the following ques ons:
1. Would this cons tute a foreign dona on?
2. If yes, is it prohibited absent any ac on by the donee to report or reject the dona on?
3. If a foreign dona on does indeed only become impermissible under the Acts upon acceptance by a registered
third party, what does it mean for a third party to "accept" it, when they have no means of stopping or rejec ng
it?
4. What obliga ons does FB have to determine (a) whether a donor is foreign and (b) whether a donee has accepted
the foreign dona on under the law (as an intermediary, we would have no knowledge whether a donee had in
fact reported an ad to SIPO)?

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to appear
again, we are looking forward to hearing your views.
Please don't hesitate to get in touch should you require further clarifica on.
Best,
Niamh
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

 face-bunk
Ii 

Re: Electoral Acts Query
Niamh Sweeney
Fri 04/05/2018 11:57
To: Ray

Butler

Cc:Sherry

Perreault

;
>; Claire Rush <

Dear Ray,
Many thanks for your response. We have actually surfaced another similar, yet dis nct in its own way, fact set which we are now also seeking guidance on. I will set that
out below but will first address your specific ques ons. My answers in red as follows:
1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by a page outside of the state In this case would the Irish campaign group be aware that
it's page was shared/boosted? The Page owner (the campaign group) would be aware that the content from its page had been shared It would not necessarily know that it had been boosted

2) My understanding is that "boosting" a page is a paid advertisement Can you confirm that this is the case, if so, could you indicate what cost a "boost" such as the one you have highlighted
would be? It is not possible to boost a Page – but it is possible to boost a post from a Page, which is essentially to turn it into an ad that then appears in Facebook users’ NewsFeed Advertisers can
choose to put whatever budget they wish behind a boosted post Generally speaking the bigger the budget the bigger the audience

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted In this case would Facebook have contacted the Irish Campaign group to ask them could
their content be re-shared and/or boosted? Currently, it is possible to share and boost content without seeking approval/consent from the original poster of that content, and Facebook does not
intervene in such scenarios

New fact set:
We have iden fied two Pages run by abor on campaign groups – one is based in the US, the other is based in Ireland. However, the Facebook users who are
“administrators” of these Pages are administrators of both. An administrator is a role which involves cura ng content on the Page and poten ally running ads from that
Page.
The US Page is targe ng ads to Irish users seeking to influence the outcome of the abor on referendum.
The campaign group behind the Irish Page is not currently listed on your website as a registered third party. However, it appears to have some level of associa on with
another Irish campaign group that is, in fact, registered as a third party on your site.
Our ques on: is the spend on adver sing by the US Page, which appears to have clear links (i.e. shared personnel in the form of administrators*) to the Irish campaign
group’s Page, considered a dona on by a foreign en ty?
*–i.e. Facebook users who are ac ng as “administrators” for both Pages at the same me
My colleague Claire (cc’d) and I would be happy to meet with you early next week to go over some of the details involved as we understand it’s not straigh orward for
those who are not regular Facebook users/adver sers.
Thanks again,
Niamh
Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

From: Ray Butler
Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electoral Acts Query

Dear Niamh

I refer to your query in relation to the Electoral Acts.

 In the guidelines provided to poli cal par es on steps to be taken concerning dona ons and prohibited dona ons, the Standards Commission advises that
the onus is on the person accep ng the dona on to make whatever enquiries are necessary and to obtain any corrobora ng evidence that may be required
in order to be sa sfied that he/she is not precluded from accep ng a dona on from the person concerned. This requirement also applies to dona ons
made to Third Par es.
It is not clear if it is possible to provide the evidence required in the situa on you have outlined. To help us provide guidance to you on the issue, can you
provide clarifica on on the following?
1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by a page outside of the state. In this
case would the Irish campaign group be aware that it's page was shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the case, if so, could you indicate what cost a
"boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In this case would Facebook have
contacted the Irish Campaign group to ask them could their content be re-shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

Raymond Butler   Standards in Public Office Commission   18 Lower Leeson Street, Dublin 2   D02 HE97  *

  http://www.sipo.gov.ie/en/

From: Niamh Sweeney
Sent: 16 April 2018 12:18
To: Sherry Perreault; Ray Butler
Cc: Claire Rush
Subject: Electoral Acts Query
Dear Sherry and Ray,

Thank you again for joining our information session last week We all thought it worked very well

I’m writing today to surface an issue that was raised to us recently in the context of a report involving Pages on Facebook which had been sharing and cross-posting certain content in connection
with the upcoming referendum Given how opaque the law is in this area, we would be keen for your guidance as to how we should treat any similar cases going forward
The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to the referendum This content was then re-shared and boosted by a Page based outside of
the State The “foreign” Page then “boosted” the post and targeted the boosted post to Irish users Boosting a post allows advertisers to quickly create a Facebook ad using their post and the
advertiser can show it to an audience of people who they define While the ad in question is now no longer running, we thought that it raised an important question in light of how to interpret the
relevant provisions of the Electoral Acts
We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign persons or entities (herein a “foreign donation”) According to Sec 23(a)(2)
(2) None of the persons referred to in any of paragraphs (a) to (f) of subsection (1) shall, directly or through any intermediary, accept a donation of whatever value given by—
(a) an individual (other than an Irish citizen) who resides outside the island of Ireland, or
(b) a body corporate or unincorporated body of persons which does not keep an office in the island of Ireland, being an office from which the carrying on of one or more of its principal activities is
directed
Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted by the registered third party and the party does not, within 14 days, return the donation
to the donor or notify SIPO and remit the donation to SIPO Therefore, the obligation under the Acts lies with the donee and it is unclear whether the act of the donation is itself unlawful
We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts' provisions and scope In view of the apparent opaqueness as to how the relevant
provisions noted above would apply in practice to the above-mentioned scenario, we are hoping that you could consider and address the following questions

1. Would this cons tute a foreign dona on?

 2. If yes, is it prohibited absent any ac on by the donee to report or reject the dona on?
3. If a foreign dona on does indeed only become impermissible under the Acts upon acceptance by a registered third party, what does it mean for a third party to
"accept" it, when they have no means of stopping or rejec ng it?
4. What obliga ons does FB have to determine (a) whether a donor is foreign and (b) whether a donee has accepted the foreign dona on under the law (as an
intermediary, we would have no knowledge whether a donee had in fact reported an ad to SIPO)?
5.
We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to appear again, we are looking forward to hearing your views
Please don't hesitate to get in touch should you require further clarification
Best,

Niamh

Niamh Sweeney   Head of Public Policy, Ireland
Facebook   4 Grand Canal Square, Dublin 2

 Brian McKevitt

From:
Sent:
To:
Cc:
Subject:

Sherry Perreault
Friday 4 May 2018 12:28
Ray Butler
Brian McKevitt
Fw: Electoral Acts Query

Hi there,

I think this should be flagged to the Commission and I think we need to discuss in greater detail. If you
want to meet with Facebook in my absence to get more information, that is okay but I don't think we can
provide a definitive answer without more detail. We don't know with any certainty if the US based page is
run by an Irish citizen living outside etc. The mere existence of a page is not a donation; Facebook is itself a
free service. It would be the payment for sponsored ads that could be relevant.
Sherry

From: Niamh Sweeney
Sent: 04 May 2018 11:5
To: Ray Butler
Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

>

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact set which
we are now also seeking guidance on. I will set that out below but will first address your specific questions. My
answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page
had been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page – but it is possible to boost a post from a Page, which is essentially to turn it into
an ad that then appears in Facebook users’ NewsFeed. Advertisers can choose to put whatever budget
they wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.
3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be reshared and/or boosted? Currently, it is possible to share and boost content without seeking
approval/consent from the original poster of that content, and Facebook does not intervene in such
scenarios.
New fact set:

1

 We have identified two Pages run by abortion campaign groups one is based in the US, the other is based in
Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of both. An
administrator is a role which involves curating content on the Page and potentially running ads from that Page.
The US Page is targeting ads to Irish users seeking to influence the outcome of the abortion referendum.

The campaign group behind the Irish Page is not currently listed on your website as a registered third party.
However, it appears to have some level of association with another Irish campaign group that is, in fact, registered

as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared personnel in
the form of administrators*) to the Irish campaign group?s Page, considered a donation by a foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the details
involved as we understand it?s not straightforward for those who are not regular Facebook users/advertisers.

Thanks again,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
anal Square, Dublin 2

acebook
Ii

 

 

 

   
 
 
 
 
 
 
 

From: Ray Butler
Date: Thursday,
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electora

Dear Niamh
I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satisfied that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clarification on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

From: Niamh Sweeney
Sent: 16 April 2018 12:
To: Sherry Perreault; Ra utler
Cc: Claire Rush

Subject: Electoral Acts Query

  

mission I 18 Lower Leeson Street, Dublin 2 DOZ HE97 


 

 

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving
Pages on Facebook which had been sharing and cross-posting certain content in connection with the
upcoming referendum. Given how opaque the law is in this area, we would be keen for your guidance as
to how we should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to
the referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post
allows advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an
audience of people who they define. While the ad in question is now no longer running, we thought that it
raised an important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from
foreign persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or
through any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an office in the island of
Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee

3

and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clarification.
Best,

Niamh

Niamh Sweeney I Head of Public Policy, Ireland
Canal Square, Dublin 2

  
 

ocebook
l3

Ray Butler

From: Ray Butler

Sent: Friday 11 May 2018 15:52
To: Niamh Sweeney

Cc: Claire Rush

Subject: Re: Electoral Acts Query
Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

Ray

Ra mond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 [El


 

 

From: Niamh Sweeney

Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact set which
we are now also seeking guidance on. i will set that out below but will ?rst address your specific questions. My
answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page
had been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to bacst a post from a Page, which is essentially to turn it into
an ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget
they wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted? Currently, it is possible to share and boost content without seeking

1

 

 

approval/consent from the original poster of that content, and Facebook does not intervene in such
scenarios.

New fact set:

We have identi?ed two Pages run by abortion campaign groups one is based in the US, the other is based in
Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of both. An
administrator is a role which involves curating content on the Page and potentially running ads from that Page.

The US Page is targeting ads to lrish users seeking to in?uence the outcome of the abortion referendum.
The campaign group behind the Irish Page is not currently listed on your website as a registered third party.

However, it appears to have some level of association with another Irish campaign group that is, in fact, registered
as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared personnel in
the form of administrators*) to the Irish campaign group's Page, considered a donation by a foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the details
involved as we understand it?s not straightforward for those who are not regular Facebook users/advertisers.

Thanks again,
Niamh

Niamh Sweeney I Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2


facebook
[i

From Rav Butler 

Date: Thursday, May 3, 2018 at 5:47 PM

To: Niamh Sweeney
Cc: Sherry Perreault

Subject: Re: Electoral Acts Query

 

Dear Niamh
I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satis?ed that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clarification on the following?

2

.7- 

 

 

 

1) In the scenario you describe, an Irish campaign group had Facebook content re?shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a ?boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re- -shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards
Ray I

Raymond Butler I Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 (Z


From: Niamh Sweeney I

Sent: 16 April 2018 12:18

To: Sherry Perreault; Ray Butler
Cc: Claire Rush

Subject: Electoral Acts Query

Dear Sherry and Ray,
Thank you again forjoining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving
Pages on Facebook which had been sharing and cross-posting certain content in connection with the
upcoming referendum. Given how opaque the law is in this area, we would be keen for your guidance as
to how we should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to
the referendum. This content was then re-shared and boosted by a Page based outside of the State. The
"foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post
allows advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an
audience of people who they de?ne. While the ad in question is now no longer running, we thought that it
raised an important question in light of how to interpret the relevant provisions of the Electoral Acts.

 

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from
foreign persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or
through any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of lreland, or

a body corporate or unincorporated body of persons which does not keep an of?ce in the island of

3

lreland, being an office from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee

. and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.
We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clarification.

Best,
Niamh

Niamh Sweeney I Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
?3

'll

 

Automatic reply: Electoral Acts Query

Fri 11/05/2018 15:52

Hi there,

I will be away from my email for much of today so there will likely be a delay in my response.
Best wishes,

Niamh

 

 

Ray Butler

 

I 
From: Niamh Sweeney
Sent: Friday 18 May 2018 19:21
To: Ray Butler
Cc: Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Sorry I missed your call this week I am not in the office next Monday, Tuesday or Wednesday but Claire has sight of

my calendar so perhaps you two could liaise on Monday with a view to setting something up for us for Thursday or
Friday or next week, if that suits you.

Have a nice weekend,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

facebook


From: Ray Butler
Date: Friday, May 11, 2018 at 3:52 PM

To: Niamh Sweeney 

Cc: Claire Rush 
Subject: Re: Electora Acts Query

Hi Niamh

  
 
   

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

Ray



Raymond Butler Standards In Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 


   

From: Niamh Sweeney
Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact
set which we are now also seeking guidance on. I will set that out below but will ?rst address your speci?c
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by
a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page had
been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the

case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into an
ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget they
wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does acebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted? Currently, it is possible to share and boost content without seeking approval/consent
from the original poster of that content, and Facebook does not intervene in such scenarios.

New fact set:

We have identi?ed two Pages run by abortion campaign groups one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of both.
An administrator is a role which involves curating content on the Page and potentially running ads from that
Page.

ill

 

 

The US Page is targeting ads to Irish users seeking to in?uence the outcome of the abortion referendum.

The campaign group behind the Irish Page is not currently listed on your website as a registered third party.
However, it appears to have some level of association with another Irish campaign group that is, in fact,
registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators*) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the
details involved as we understand it?s not straightforward for those who are not regular Facebook
users/ advertisers.

Thanks again,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
l3

 



 

From: Ray Butler?

Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electora

  
   
   

Query

Dear Niamh
I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satis?ed that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by
a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting'ri a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re?shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 by 17 May 2018.

Regards

Ray'

 

 

 

Ra mond Butler Standards in 1 mmission 18 Lower Leeson Street, Dublin 2 D02 H1397 Iii?

From: Niamh Sweeney 
Sent: 16 April 2018 12:

To: Sherry Perreault; Ray Butler

Cc: Claire Rush

Subject: Electoral Acts Query
Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving Pages
on Facebook which had been sharing and cross-posting certain content in connection with the upcoming
referendum. Given how opaque the law is in this area, we would be keen for your guidance as to how we
should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to the
referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post allows
advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an audience of
people who they define. While the ad in question is now no longer running, we thought that it raised an
important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign
persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or through
any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an office in the island of
Ireland, being an of?ce from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlaw?ll.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts?
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above

would apply in practice to the above-mentioned scenario, we are hoping that you could consider and address

the following questions:

 

 

 

 

1. Would this constitute a foreign donation?

If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

.N

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to
appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clari?cation.

Best,
Niamh

Niamh Sweeney 1 Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
Ii

_ll

Ray Butler

From: Claire Rush

Sent: Monday 21 May 2018 09:18
To: Niamh Sweeney; Ray Butler
Subject: Re: Electoral Acts Query

Hi Ray

Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me I?m afraid.

Many thanks
Claire

From: Niamh Sweene?

Date: Friday, May 18, 2018 at 7:20 PM
Cc: Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Sorry I missed your call this week am not in the of?ce next Monday, Tuesday or Wednesday but Claire has sight of
my calendar so perhaps you two could liaise on Monday with a View to setting something up for us for Thursday or
Friday or next week, if that suits you.

Have a nice weekend,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

Ialucegoolt

HI.-. . . 
mmzaaysuuer?

Date: Friday, May 11, 2018 at 3:52 PM

To: Niamh Sweeney 

Cc: Claire Rush
Subject: Re: Electoral Acts Query

 

Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

 

 

Regards

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 DOZ HE97 ll?!

 

  

From: Niamh Sweeney
Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact
set which we are now also seeking guidance on. I will set that out below but will ?rst address your speci?c
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by
a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page had
been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the

case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into an
ad that then appears in acebook users? NewsFeed. Advertisers can choose to put whatever budget they
wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does acebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-

 

ll

 

 

shared and/or boosted? Currently, it is possible to share and boost content without seeking approval/consent
from the original poster of that content, and Facebook does not intervene in such scenarios.

New fact set:

have identi?ed two Pages run by abortion campaign groups one is based in the S, the other is based
in Ireland. However, the acebook users who are ?administrators? of these Pages are administrators of both.
An administrator is a role which involves curating content on the Page and potentially running ads from that
Page.

The US Page is targeting ads to Irish users seeking to in?uence the outcome of the abortion referendum.

The campaign group behind the Irish Page is not currently listed on your website as a registered third party.
However, it appears to have some level of association with another Irish campaign group that is, in fact,
registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators??) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the
details involved as we understand it?s not straightforward for those who are not regular Facebook
users/ advertisers.

Thanks again,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

acebook 4 Grand Canal Square, Dublin 2

 




 

facebook
El

 

 

From: Ray Butler
Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electora

   
   
   

uery

Dear Niamh

I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satis?ed that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by

a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

Ra mond Butler Standards in Public Of?ce Commission 18 Lower Leeson Street, Dublin 2 D02 HE97 


 

From: Niamh Sweeney 
Sent: 16 April 2018 12:1
To: Sherry Perreault; Ray Butler

Cc: Claire Rush
Subject: Electoral Acts Query

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving Pages
on Facebook which had been sharing and cross-posting certain content in connection with the upcoming
referendum. Given how opaque the law is in this area, we would be keen for your guidance as to how we
should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to the
referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post allows
advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an audience of
peOple who they de?ne. While the ad in question is now no longer running, we thought that it raised an
important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign



 

persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or through
any intermediary, accept a donation of whatever value given by? .

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an of?ce in the island of
Ireland, being an of?ce from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and address
the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to
appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clari?cation.

Best,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

face-book
Ii 

 

Ray Butler

From: Ray Butler

Sent: Monday 21 May 2018 09:50
To: Claire Rush

Subject: Re: Electoral Acts Query

Hi Claire

Thanks for your email.

I will just check my colleagues availability and revert to you.
Thanks

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 D02 HE97 15;)



 

 

 

.- .l mu 

From: Claire Rush

Sent: 21 May 2018 09:17
To: Niamh Sweeney; Ray Butler
Subject: Re: Electoral Acts Query

 

Hi Ray
Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me I?m afraid.

Many thanks
Claire

From: Niamh Sweeney?

Date: Friday, Ma 18 2018 at 7:20 PM
To: Ray Butler
Cc: Claire Rush
Subject: Re: Electoral Acts Query

 

 

 
 
 

Dear Ray,

Sorry I missed your call this week I am not in the office next Monday, Tuesday or Wednesday but Claire has sight of
my calendar so perhaps you two could liaise on Monday with a view to setting something up for us for Thursday or
Friday or next week, if that suits you.

Have a nice weekend,

Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook i
Ii
From: Ray Butler 

Date: Friday, May 11, 2018 at 3:52 PM .
To: Niamh Sweeney 3
Cc: Claire Rush- 
Subject: Re: Electora Acts Query

Hi Niamh 

 

  
  
 

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

 

Regards

Ray 

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 Iliwi

 

From: Niamh Sweeney

Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact
set which we are now also seeking guidance on. I will set that out below but will first address your specific
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page
had been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into
an ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget
they wish behind a boosted post. Generally speaking the biggerthe budget the bigger the audience.

3) Does Facebook seek the consent ofthe original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
2

shared and/or boosted? Currently, it is possible to share and boost content without seeking
approval/consent from the original poster ofthat content, and Facebook does not intervene in such
scenarios.

New fact set:

We have identified two Pages run by abortion campaign groups - one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of
both. An administrator is a role which involves curating content on the Page and potentially running ads
from that Page.

The US Page is targeting ads to Irish users seeking to in?uence the outcome of the abortion referendum.
The campaign group behind the Irish Page is not currently listed on your website as a registered third
party. However, it appears to have some level of association with another Irish campaign group that is, in
fact, registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators*) to the Irish campaign group's Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the
details involved as we understand it?s not straightforward for those who are not regular Facebook
users/advertisers.

Thanks again,

Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

 

 

Frommaysuuer?

Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electora

   

uery

Dear Niamh
I refer to your query in relation to the Electoral Acts.
In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards CommisSion advises that the onus is on the person accepting the
3

donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satisfied that he/she is not precluded from accepting a donation from theperson
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clarification on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared. and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/ boosted? I:

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards
Ray 

Raymond Butler Standards in Public Office Commission I 18 Lower Leeson Street, Dublin 2 002 HE97 lid

From: Niamh Sweeney?

Sent: 16 April 2018 12:18

To: Sherry Perreault; Ray Butler
Cc: Claire Rush

Subject: Electoral Acts Query

 

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving
Pages on Facebook which had been sharing and cross-posting certain content in connection with the
upcoming referendum. Given how opaque the law is in this area, we would be keen for your guidance as
to how we should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to
the referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign" Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post
allows advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an
audience of people who they de?ne. While the ad in question is now no longer running, we thought that it
raised an important question in light of how to interpret the relevant provisions of the Electoral Acts.

4

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from
foreign persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or
through any intermediary, accept a donation of whatever value given by?

an individual (other than an lrish citizen) who resides outside the island of ireland, or

a body corporate or unincorporated body of persons which does not keep an office in the island of
Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. in view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has

accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clari?cation.

Best,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

face?book


 

 

Ray Butler

 

From: Ray Butler

Sent: Monday 21 May 2018 12:59
To: Claire Rush

Subject: Re: Electoral Acts Query

Hi Claire

2.30 on Thursday works for us. Would you be able to come to our Office? Let me know what suits.
My colleagues Sherry Perreault and Brian McKevitt will both be attending the meeting.

Thanks

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 lb's'l

 

 

From: Claire Rush

Sent: 21 May 2018 09:17

To: Niamh Sweeney; Ray Butler
Subject: Re: Electoral Acts Query

 



 

Hi Ray
Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me l?m afraid.

Many thanks
Claire

 

From: Niamh Sweeney

Date: Friday, May 18, 2018 at 7:20 PM
To: Ray Butler?
Cc: Claire Rush
Subject: Re: Electoral Acts Query

  

Dear Ray,

Sorry i missed your call this week - I am not in the office next Monday, Tuesday or Wednesday but Claire has sight of
my calendar so perhaps you two could liaise on Monday with a view to setting something up for us for Thursday or
Friday or next week, if that suits you.

Have a nice weekend,

Niamh

Niamh Sweeney 1 Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

   

tdcebook
E3 

From: Ray Butler
Date: Friday, May 11, 2018 at 3:52 PM
To: Niamh Sweene
Cc: Claire Rush
Subject: Re: Electoral Acts Query

 
  
 

Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 IN

httm/Iw-sipoqov-ie/en/

 

From: Niamh Sweeney

Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact

set which we are now also seeking guidance on. I will set that out below but will first address your speci?c
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page
had been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into
an ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget
they wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
2

 

shared and/or boosted? Currently, it is possible to share and boost content without seeking
approval/consent from the original poster of that content, and Facebook does not intervene in such
scenarios.

New fact set:

We have identified two Pages run by abortion campaign groups one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of
both. An administrator is a role which involves curating content on the Page and potentially running ads
from that Page.

The US Page is targeting ads to Irish users seeking to influence the outcome of the abortion referendum.
The campaign group behind the Irish Page is not currently listed on your website as a registered third
party. However, it appears to have some level of association with another Irish campaign group that is, in
fact, registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators*) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the
details involved as we understand it?s not straightforward for those who are not regular Facebook
users/advertisers.

Thanks again,

Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
l?i

 

From: Ray Butler
Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney-
Cc: Sherry Perreault~
Subject: Re: Electora

    

uery

Dear Niamh
I refer to your query in relation to the Electoral Acts.
In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
3

W.. a

 

 

donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satisfied that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted

by a page outside of the state. in this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In

this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards
Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 I 002 HE97 IE



From: Niamh Sweeney 
Sent: 16 April 2018 12:1
To: Sherry Perreault; Ray Butler

Cc: Claire Rush
Subject: Electoral Acts Query

 

Dear Sherry and Ray,
Thank you again forjoining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving
Pages on Facebook which had been sharing and cross-posting certain content in connection with the
upcoming referendum. Given how opaque the law is in this area, we would be keen for your guidance as
to how we should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to
the referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post
allows advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an
audience of people who they define. While the ad in question is now no longer running, we thought that it
raised an important question in light of how to interpret the relevant provisions of the Electoral Acts.

 

 

 

 

We are aware that the Electoral Acts prohibit registered third parties'from accepting donations from
foreign persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or
through any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of lreland, or

a body corporate or unincorporated body of persons which does not keep an office in the island of
Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or

notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clarification.

Best,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

facebook
Ii

Ray Butler

 

From: Claire Rush

Sent: Monday 21 May 2018 16:44
To: Ray Butler 
Cc: Niamh Sweeney

Subject: Re: Electoral Acts Query

Hi Ray

Thursday at 230pm is fine for both of us.
See you then.

Thanks
Claire

 
  

From: Ray Butler
Date: Monday, May 21, 2018 at 1:00 PM

To: Claire Rush 
Subject: Re: Ele

Claire

 

2.30 on Thursday works for us. Would you be able to come to our Of?ce? Let me know what suits.

My colleagues Sherry Perreault and Brian McKevitt will both be attending the meeting.

Thanks

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 D02 HE97 112.7!



 

 

. .0 rr.? 5 

. . 

 

From: Claire Rush

Sent: 21 May 2018 09:17

To: Niamh Sweeney; Ray Butler
Subject: Re: Electoral Acts Query

Hi Ray

Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me I?m afraid.

Many thanks

Claire

 

    
 
 

From: Niamh Sweeney 
a .

Date: Friday, Ma 18, 2
To: Ray Butler
Cc: Claire Rus

Subject: Re: Electoral Acts Query

Dear Ray,

Sorry I missed your call this week I am not in the of?ce next Monday, Tuesday or Wednesday but Claire
has sight of my calendar so perhaps you two could liaise on Monday with a View to setting something up for
us for Thursday or Friday or next week, if that suits you.

Have a nice weekend,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

 

 

focebooir
?3

 

 

From: Ray Butler 
Date: Friday, May 1 at 3:52 PM
To: Niamh Sweeney 

Cc: Claire Rush
Subject: Re: -1ect0ral Acts Query

Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

Ray

Raymond Butler I Standards in Public Of?ce Commission 18 Lower Leeson Street, Dublin 2 1 D02 HE97 

 

From: Niamh Sweeney

Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

 

Many thanks for your response. We have actually surfaced another similar, yet distinct in its- ?own Way, fact
set which we are now also seeking guidance on. I will set that out below but will ?rst address your speci?c
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by
a page outside of the state. In this case would the Irish campaign group be aware that its page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page had
been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the

case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into an
ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget they
wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does acebook seek the consent of the original poster to allow its page be re?shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted? Currently, it is possible to share and boost content without seeking approval/consent
from the original poster of that content, and Facebook does not intervene in such scenarios.

New fact set:

We have identi?ed two Pages run by abortion campaign groups one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of both.
An administrator is a role which involves curating content on the Page and potentially running ads from that
Page.

The US Page is targeting ads to Irish users seeking to in?uence the outcome of the abortion referendum.

The campaign group behind the Irish Page is not currently listed on your website as a registered third party.
However, it appears to have some level of association with another Irish campaign group that is, in fact,
registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators*) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

ll

 

 Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the

details involved as we understand it?s not straightforward for those who are not regular Facebook
users/advertisers.

Thanks again,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

acebook 4 Grand Canal Square, Dublin 2

faceimolr
EB

 

 

 

From: Ray Butler
Date: Thursday, May 3, 2018 at 5:47 PM
To: Niamh Sweeney
Cc: Sherry Perreault
Subject: Re: Electoral Acts Query

 

Dear Niamh

I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satis?ed that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

5

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had acebook content re-shared and/or boosted by

a page outside of the state. In this case would the Irish campaign group be aware that it?s page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In

this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

  

Ra mond Butler Standards in Public Of?ce Commission 18 Lower Lccson Street, Dublin 2 i D02 HE97 lil/i


 

From: Niamh Sweeney

Sent: 16 April 2018 12:18

To: Sherry Perreault; Ray Butler
Cc: Claire Rush

Subject: Electoral Acts Query

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving Pages
on Facebook which had been sharing and cross-posting certain content in connection with the upcoming
referendum. Given how opaque the law is in this area, we would be keen for your guidance as to how we
should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to the
referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post allows
advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an audience of
people who they de?ne. While the ad in question is now no longer running, we thought that it raised an
important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign
persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or through
any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an of?ce in the island of
Ireland, being an of?ce from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and address
the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to
appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clari?cation.

Best,

Niamh

iamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
E3

Ray Butler

From: Ray Butler

Sent: Monday 21 May 2018 16:51
To: Claire Rush

Subject: Re: Electoral Acts Query

Hi Claire

That's great, are you OK to come over to our office at 18 Lower Leeson Street.
Regards

Ray

Ra mond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 D02 HE97 IN

 

 

From: Claire Rush?
Sent: 21 May 2018 16:43

To: Ray Butler

Cc: Niamh Sweeney

Subject: Re: Electoral Acts Query

Hi Ray
Thursday at 230pm is fine for both of us.
See you then.

Thanks
Claire

 

From: Ray Butler 

Date: Monday, Ma 21, 2018 at 1:00 PM
To: am Rush 

Subject: Re: Electoral Acts Query

Hi Claire

2.30 on Thursday works for us. Would you be able to come to our Office? Let me know what suits.
My colleagues Sherry Perreault and Brian McKevitt will both be attending the meeting.

Thanks

Ray

 

 

Ra mond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 Iii/Z;

- From: Claire Rush 
Sent: 21 May 2018 09:17
To: Niamh Sweeney; Ray Butler

Subject: Re: Electoral Acts Query

 

 

 

Hi Ray
Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me I?m afraid.

Many thanks
Claire

 

From: Niamh Sweeney 

Date: Friday, May 18, 2018 at 7:20 PM

To: Ray Butler

Cc: Claire Rush

Subject: Re: Electoral Acts Query

Dear Ray,

Sorry I missed your call this week am not in the office next Monday, Tuesday or Wednesday but Claire
has sight of my calendar so perhaps you two could liaise on Monday with a View to setting something up
for us for Thursday or Friday or next week, if that suits you.

Have a nice weekend,

Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

facebook
[3

 

From: Ray Butler
Date: Friday, May 11, 2018 at 3:52 PM

To: Niamh Sweeney
Cc: Claire Rush
Subject: Re: Electoral Acts Query

Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

ll

 

 

 

 

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 HE97 Iii?ifs}


 
 

 

From: Niamh Sweeney?

Sent: 04 May 2018 11:58

To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact
set which we are now also seeking guidance on. I will set that out below but will ?rst address your specific
questions. My answers in red as follows:

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted? The Page owner (the campaign group) would be aware that the content from its page
had been shared. It would not necessarily know that it had been boosted.

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into
an ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget
they wish behind a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted? Currently, it is possible to share and boost content without seeking

approval/consent from the original poster of that content, and Facebook does not intervene in such
scenarios.

New fact set:

We have identi?ed two Pages run by abortion campaign groups - one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of
both. An administrator is a role which involves curating content on the Page and potentially running ads
from that Page.

The US Page is targeting ads to lrish users seeking to in?uence the outcome of the abortion referendum.
The campaign group behind the Irish Page is not currently listed on your website as a registered third

party. However, it appears to have some level of association with another Irish campaign group that is, in
fact, registered as a third party on your site.

 

 

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators?) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go OVer some of the
details involved as we understand it?s not straightforward for those who are not regular Facebook
users/advertisers.

Thanks again,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook 4 Grand Canal Square, Dublin 2

facebook
l3 @3
From: Ray Butler 

Date: Thursday, May 3, 2018 at 5:47 PM

To: Niamh Sweeney

Cc: Sherry Perreault 
Subject: Re: Electora uery

Dear Niamh

 

I refer to your query in relation to the Electoral Acts.

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satisfied that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted
by a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/ boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you confirm that this is the
case, if so, could you indicate what cost a "boost? such as the one you have highlighted would be?

3) Does Facebook seek the consent ofthe original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

?ll

 

 

 

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

Raymond Butler Standards in Public Office Commission 18 Lower Leeson Street, Dublin 2 002 H597 (3.73



 

From: Niamh Sweeney 

Sent: 16 April 2018 12:18

To: Sherry Perreault; Ray Butler
Cc: Claire Rush

Subject: Electoral Acts Query

Dear Sherry and Ray,
Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving
Pages on Facebook which had been sharing and cross-posting certain content in connection with the
upcoming referendum. Given how opaque the law is in this area, we would be keen for your guidance as
to how we should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in relation to
the referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post
allows advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an
audience of people who they de?ne. While the ad in question is now no longer running, we thought that it
raised an important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from
foreign persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or
through any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an of?ce in the island of
Ireland, being an office from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of onllne ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above-mentioned scenario, we are hoping that you could consider and
address the following questions:

5

ll

 

1. Would this constitute a foreign donation?

If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 



5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue
to appear again, we are looking forward to hearing your views.

Please don't hesitate to get in touch should you require further clarification.

Best,
Niamh

Niamh Sweeney Head of Public Policy, Ireland
Facebook anal Square, Dublin 2

    

facebook
Ii

 

 

Ray Butler

From: Claire Rush

Sent: Monday 21 May 2018 16:58
To: Ray Butler

Subject: Re: Electoral Acts Query

Yes, not a problem. See you then Ray.
From: Ray Butler

Date: Monday, May 21,2018 at 4:51 PM
To: Claire Rus
Subject: Re: Electoral Acts Query

 
 
 

 

Hi Claire

That's great, are you OK to come over to our of?ce at 18 Lower Leeson Street.

Regards

Ray

Raymond Butler Standards in Public Office Commission I 18 Lower Leeson Street, Dublin 2 DOZ HE97 I227:



 

    
 



From: Claire Rush
Sent: 21 May 201
To: Ray Butler
Cc: Niamh Sweeney

Subject: Re: Electoral Acts Query

 

 

 

Hi Ray

Thursday at 230pm is ?ne for both of us.

ll

 

 

See you then.

Thanks

Claire

 

From: Ray Butler

Date: Monday, May 21, 2018 at 1:00 PM
To: Claire Rust.
Subject: Re: Electoral Acts Query

 
   

Hi Claire

2.30 on Thursday works for us. Would you be able to come to our Of?ce? Let me know what suits.

My colleagues Sherry Perreault and Brian McKevitt will both be attending the meeting.
Thanks

Ray

Ra mond Butler 5 Standards in Public Of?ce Commission 1 18 Lower Leeson Street, Dublin 2 1 D02 H1397 1747.?

 

 

 

 

From: Claire Rush 

Sent: 21 May 2018 09:17
To: Niamh Sweeney; Ray Butler
Subject: Re: Electoral Acts Query

 

 

 

 

Hi Ray

Would any time from 14:00-16:30 on Thursday work for you? Friday is not possible for me I?m afraid.

Many thanks

Claire

 

From: Niamh Sweeney -
Date: Friday, May 18, 2018 at 7:20 PM

Cc: Claire Rush -

Subject: Re: Electoral Acts Query

Dear Ray,

Sorry I missed your call this week I am not in the of?ce next Monday, Tuesday or Wednesday but Claire
has sight of my calendar so perhaps you two could liaise on Monday with a view to setting something up for
us for Thursday or Friday or next week, if that suits you.

Have a nice weekend,
Niamh

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

facebook
[3

From: Ray Butler
Date: Friday, May 11,2018 at 3:52 PM

To: Niamh Sweeney 

 

 

 

   
   

Cc: Claire Rush a
Subject: Re: Electora uery
Hi Niamh

Thanks for your reply. Apologies for not replying to you earlier this week. Would you be free to meet at ?1
some stage next week to discuss the issue further. I can give you a call on Monday to make arrangements.

Regards

Ray

Raymond Butler Standards in Public Of?ce Commissionl 18 Lower Leeson Street, Dublin 2 H1397 L33
http://wwsipogovJe/en/

 

From: Niamh Sweeney 
Sent: 04 May 2018 11:5
To: Ray Butler

Cc: Sherry Perreault; Claire Rush
Subject: Re: Electoral Acts Query

Dear Ray,

 

Many thanks for your response. We have actually surfaced another similar, yet distinct in its own way, fact

set which we are now also seeking guidance on. I will set that out below but will ?rst address your speci?c 
questions. My answers in red as follows: i

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by
a page outside of the state. In this case would the Irish campaign group be aware that it's page was

4

. shared/boosted? The Page owner (the campaign group) would be aWare that the content from its page had
been shared. It would not necessarily know that it had been boosted. .

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the

case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be? It is not
possible to boost a Page but it is possible to boost a post from a Page, which is essentially to turn it into an
ad that then appears in Facebook users? NewsFeed. Advertisers can choose to put whatever budget they
wish behind. a boosted post. Generally speaking the bigger the budget the bigger the audience.

3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In
this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted? Currently, it is possible to share and boost content without seeking approval/consent
from the original poster of that content, and Facebook does not intervene in such scenarios.

New fact set:

We have identi?ed two Pages run by abortion campaign groups one is based in the US, the other is based
in Ireland. However, the Facebook users who are ?administrators? of these Pages are administrators of both.
An administrator is a role which involves curating content on the Page and potentially running ads from that
Page.

The US Page is targeting ads to Irish users seeking to in?uence the outcome of the abortion referendum.

The campaign group behind the Irish Page is not currently listed on your website as a registered third party.
However, it appears to have some level of association with another Irish campaign group that is, in fact,
registered as a third party on your site.

Our question: is the spend on advertising by the US Page, which appears to have clear links shared
personnel in the form of administrators*) to the Irish campaign group?s Page, considered a donation by a
foreign entity?

Facebook users who are acting as ?administrators? for both Pages at the same time

My colleague Claire (cc?d) and I would be happy to meet with you early next week to go over some of the
details involved as we understand it?s not straightforward for those Who are not regular Facebook 
users/ advertisers.

 

Thanks again, 
Niamh 

Niamh Sweeney Head of Public Policy, Ireland

Facebook 4 Grand Canal Square, Dublin 2

focabook
E1

 

 

 
 
 
  

From: Ray Butler
Date: Thursday, May 3, 2018 at 5:47 PM

To: Niamh Sweeney
Cc: Sherry Perreault

Subject: Re: Electoral Acts Query

 

Dear Niamh I
I refer to your query in relation to the Electoral Acts. .

In the guidelines provided to political parties on steps to be taken concerning donations and

prohibited donations, the Standards Commission advises that the onus is on the person accepting the
donation to make whatever enquiries are necessary and to obtain any corroborating evidence that may be
required in order to be satis?ed that he/she is not precluded from accepting a donation from the person
concerned. This requirement also applies to donations made to Third Parties.

It is not clear if it is possible to provide the evidence required in the situation you have outlined. To help us
provide guidance to you on the issue, can you provide clari?cation on the following?

1) In the scenario you describe, an Irish campaign group had Facebook content re-shared and/or boosted by

6

a page outside of the state. In this case would the Irish campaign group be aware that it's page was
shared/boosted?

2) My understanding is that "boosting" a page is a paid advertisement. Can you con?rm that this is the
case, if so, could you indicate what cost a "boost" such as the one you have highlighted would be?



3) Does Facebook seek the consent of the original poster to allow its page be re-shared and/or boosted. In

this case would Facebook have contacted the Irish Campaign group to ask them could their content be re-
shared and/or boosted?

I would be grateful if you could reply to this query within 14 days, i.e. by 17 May 2018.

Regards

Ray

Raymond Butler Standards in Public Of?ce Commission 18 Lower Leeson Street, Dublin 2 D02 HE97 IE
I 

From: Niamh Sweeney

Sent: 16 April 2018 12:18

To: Sherry Perreault; Ray Butler
Cc: Claire Rush

Subject: Electoral Acts Query

Dear Sherry and Ray,

Thank you again for joining our information session last week. We all thought it worked very well.

I?m writing today to surface an issue that was raised to us recently in the context of a report involving Pages
on Facebook which had been sharing and cross?posting certain content in connection with the upcoming
referendum. Given how opaque the law is in this area, we would be keen for your guidance as to how we
should treat any similar cases going forward.

The scenario involves an Irish campaign group which posted content on its Facebook Page in?relation to the
referendum. This content was then re-shared and boosted by a Page based outside of the State. The
?foreign? Page then ?boosted? the post and targeted the boosted post to Irish users. Boosting a post allows
advertisers to quickly create a Facebook ad using their post and the advertiser can show it to an audience of
people who they de?ne. While the ad in question is new no longer running, we thought that it raised an
important question in light of how to interpret the relevant provisions of the Electoral Acts.

We are aware that the Electoral Acts prohibit registered third parties from accepting donations from foreign
persons or entities (herein a ?foreign donation?). According to Sec 

(2) None of the persons referred to in any of paragraphs to of subsection (1) shall, directly or through
any intermediary, accept a donation of whatever value given by?

an individual (other than an Irish citizen) who resides outside the island of Ireland, or

a body corporate or unincorporated body of persons which does not keep an of?ce in the island of
Ireland, being an of?ce from which the carrying on of one or more of its principal activities is directed.

Based on our reading of the language, it appears that a foreign donation is only prohibited if it is accepted
by the registered third party and the party does not, within 14 days, return the donation to the donor or
notify SIPO and remit the donation to SIPO. Therefore, the obligation under the Acts lies with the donee
and it is unclear whether the act of the donation is itself unlawful.

We are aware that the creation of online ads is a relatively new mechanism to consider in light of the Acts'
provisions and scope. In view of the apparent opaqueness as to how the relevant provisions noted above
would apply in practice to the above?mentioned scenario, we are hoping that you could consider and address
the following questions:

1. Would this constitute a foreign donation?

2. If yes, is it prohibited absent any action by the donee to report or reject the donation?

3. If a foreign donation does indeed only become impermissible under the Acts upon acceptance by a
registered third party, what does it mean for a third party to "accept" it, when they have no means of
stopping or rejecting it?

4. What obligations does FB have to determine whether a donor is foreign and whether a donee has
accepted the foreign donation under the law (as an intermediary, we would have no knowledge whether a
donee had in fact reported an ad to 

5.

We appreciate that these are new and challenging issues to consider and as we can expect to see this issue to
appear again, we are looking forward to hearing your views.

Please don?t hesitate to get in touch should you require further clari?cation.
Best,

Niamh

Niamh Sweeney 1 Head of Public Policy, Ireland

 

 

Facebook 4 Grand Canal Square, Dublin 2

facebmk
E1

 

 

item 4.1

Briefing note for Commission meeting on 111une 2018
est-s agenstal .updates .

From: Ray Butler

Date: 31 May 2018

FOR NOTING:

 

Facebook correspondence re possible prohibited donation. The secretariat received a
query frOm Facebook relating to the sharing and cross-posting of content on Facebook
pages in connection with the referendum on the 8th Amendment. The case referred to
related to an Irish campaign group who had its content re-shared and boosted (that-is,
another person paid to promote the original post) by a page outside of the-state. Facebook
asked whether a case such as this could be considered to be a foreign donation under the
Electoral Act. -

Please find attached Facebook?s initial query dated16 April 2018, our reply of 3 May 2018
and a further email from Facebook dated 4 May 2018'.

I . vn?. . 
i man-2;. 11-h). - 

 

 

Members of the secretariat met with representatives of Facebook who provided further
clarification in relation to the matter. The original poster makes the post for free. A second

person (outside of the country) pays to boost the post, and depending on the amount spears: 

is able to target particular groups or categories of Facebook users g. all In Dublin, all' In

Ireland all Europe etc) This shows up as sponsored content in the target user?s Facebook
feed.

There is no way to demonstrate that the original poster is aware of or in agreement with the
person paying to boost the post. Facebook does not require the consent of the original
poster to let someone else boost the post. It is possible that such an arrangement has been
made between the original poster and the booster, but this cannot be proven. It is therefore
difficult to prove that a donation has been accepted.

particular case cited by Facebook, the account in question is actuallyjointly controlled
by an Irish person and an American person. The ownership of the account is therefore not
certain the Irish person makes the post and the American pays to boost. But the question
is whether the Irish person is the owner of the account and therefore accepting the
donation is not easily resolved, since the American is also the owner of the account.

The application of the legislation is not clear in this case, given the fact that the Act does not
address social media usage for political purposes Further consideration will be given to the
case raised by Facebook when the procedure regarding third parties have been finalized,
however, it Is uncertain what action could be taken' In this case.