Electoral Reform Act 2022
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PART 4 Regulation of online political advertising | ||
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Interpretation | ||
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119. (1) In this Part— | ||
“authorised officer” shall be construed in accordance with section 128 ; | ||
“Board” means the members of the Commission referred to in section 9 (1); | ||
“buyer of online political advertisement” means a person who purchases an online political advertisement, or a person on whose behalf an online political advertisement is purchased, for placement, display, promotion or dissemination on an online platform, and unless the context otherwise requires includes a person acting for or on behalf of a buyer (or any intermediary however described); | ||
“company” means a company formed and registered under the Act of 2014 or an existing company within the meaning of that Act; | ||
“electoral period” means the period of time commencing on the day of the making of a polling day order and ending on polling day; | ||
“look-alike targeting” means a targeting method involving the use of data from an existing online audience and which applies the use of data analysis techniques, tools or other methods to identify new persons who have similar characteristics or are engaged in similar activities on an online platform; | ||
“Member State” means a Member State of the European Union; | ||
“micro-targeting” means a targeting method involving the use of data analysis techniques, tools or other methods to address, transmit or communicate a tailored online political advertisement either to a specific person or group of persons or to increase the circulation, reach or visibility of an online political advertisement; | ||
“online archive or library” shall be construed in accordance with section 121 (5); | ||
“online platform” means any host, operator or provider of a website, web application, digital application or other seller of an online political advertisement accessible to the general public or a section of the public that— | ||
(a) has not less than 100,000 unique monthly users in the State for a period of not less than 7 months during the 12 months immediately preceding the date of the making of a polling day order, and | ||
(b) receives payment or payment in kind for the placement, display, promotion or dissemination of an online political advertisement on the provider’s website, web application or digital application; | ||
“online political advertisement” means any form of communication in a digital format for political purposes purchased for placement, display, promotion or dissemination on an online platform during an electoral period and for which a payment or payment in kind is made to the online platform concerned; | ||
“political purposes” shall have the meaning assigned to it by section 22 (2)(aa) of the Electoral Act 1997 ; | ||
“polling day order” means an order made by the Minister appointing a day for the holding of a poll which— | ||
(a) in the case of a Dáil election, is made under section 96(1) of the Act of 1992, | ||
(b) in the case of a European election, is made under section 10(1) of the Act of 1997, | ||
(c) in the case of a local election, is made under section 26(2) of the Act of 2001, | ||
(d) in the case of a presidential election, is made under section 6(1)(c) of the Act of 1993, | ||
(e) in the case of a referendum, is made under section 10 or section 12 of the Act of 1994, or | ||
(f) in the case of a Seanad election, is made under section 12 of the Seanad Electoral (University Members) Act 1937 and under section 24 of the Seanad Electoral (Panel Members) Act 1947 ; | ||
“regulated financial service provider” shall have the meaning assigned to it by section 2 (1) of the Central Bank Act 1942 ; | ||
“seller of an online political advertisement” means a person who receives payment or payment in kind in return for the placement, display, promotion or dissemination of an online political advertisement; | ||
“transparency notice” shall be construed in accordance with section 121 (2). | ||
(2) For the purposes of this Part, a company shall be deemed to be resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be resident at its principal office or place of business. |