Electoral Reform Act 2022

Chapter 2

Obligations on online platform

Obligation on online platform to provide information to Commission

148. (1) Where, during an election campaign period, an online platform is satisfied from information of which it is aware, including by way of a notification received by way of a mechanism set up under section 149 , that—

(a) its services may be being used for the purposes of disinformation,

(b) there may be misinformation on its services, or

(c) there may be manipulative or inauthentic behaviour on its services,

the online platform shall, without undue delay, notify the Commission of such disinformation, misinformation or manipulative or inauthentic behaviour.

(2) Without prejudice to subsection (1), an online platform with over 1 million unique monthly users in the State shall, as early as possible in an election campaign period, prepare and transmit a report to the Commission specifying any significant risks to the fairness or integrity of an election or referendum posed by disinformation, misinformation, or manipulative or inauthentic behaviour on its services.

(3) The report referred to at subsection (2) shall include information concerning—

(a) the prevalence of relevant misinformation and disinformation on the services provided by the online platform, including notifications received under section 149 ,

(b) the prevalence of manipulative or inauthentic behaviour on the online platform’s service, including notifications received under section 149 ,

(c) the prevalence of micro-targeting or look-alike targeting on the services provided by the online platform, and

(d) significant risks posed by the operation of any recommender system employed by the online platform to distribute and promote content.

(4) The information provided in the report referred to at subsection (2) shall include non-technical summaries of the matters referred to in subsection (3).

(5) The Commission shall monitor the compliance of online platforms with the requirements of this provision.