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Public information requirements for online political advertisements
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121. (1) An online platform shall ensure that an online political advertisement shall—
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(a) be labelled with the text “Political Advert” in a conspicuous position where the user will easily see it or be made aware of it, and
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(b) include a button, icon, tab, hyperlink or other connection which shall connect the user of the online platform to a transparency notice which is clearly displayed on the online platform placing, displaying, promoting or disseminating that advertisement.
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(2) A transparency notice shall be a notice that shall include but shall not be limited to—
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(a) the name, postal address, telephone number, email address and, where applicable, the website address of the buyer of the online political advertisement and, where the buyer of the online political advertisement is not the person who has paid or will pay for the advertisement, shall include the same information with respect to the person who has paid or will pay for the advertisement,
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(b) confirmation of whether micro-targeting was applied in the placement, display, promotion or dissemination of the online political advertisement and, if so, a description of the criteria or information, and the source of the information, used as the basis for any such micro-targeting and providing a link or connection to the online platform’s policy, if any, on micro-targeting,
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(c) confirmation of whether the particular audience at whom the buyer of the online political advertisement intends the advertisement to be directed includes persons included on the basis of the application of look-alike targeting and, if so, a description of the characteristics of, or the activities engaged in by, the particular audience and the source of the information used to identify that particular audience and providing a link or connection to the online platform’s policy, if any, on look-alike targeting,
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(d) the total amount paid or due to be paid for the online political advertisement which shall be the aggregate of the amounts paid or due to be paid for the production of the content of the advertisement by, for or on behalf of the buyer of the online political advertisement and for the placement, display, promotion or dissemination of the advertisement by the online platform,
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(e) the number of days during which the online political advertisement will be placed, displayed, promoted or disseminated on the online platform and the date on which that advertisement will be placed, displayed, promoted or disseminated on that online platform and the date on which it will cease to appear on that online platform,
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(f) the estimated size of the audience that the buyer of the online political advertisement intends the online political advertisement to reach,
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(g) the number of times the online political advertisement has been viewed by users,
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(h) an indication of the election or referendum to which the online political advertisement relates,
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(i) a link or connection to the online archive or library established and maintained by the online platform under subsection (5), and
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(j) information and contact details of the online platform where a person may notify the online platform that an online political advertisement may not or does not comply with this Part.
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(3) The information specified in subsection (2) contained in a transparency notice shall be maintained and updated by the online platform in real time.
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(4) A transparency notice displayed by an online platform in accordance with subsection (2) shall be notified by the online platform to the Commission as soon as may be after it has been displayed.
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(5) (a) Subject to subsection (6), an online platform shall establish, maintain and update in real time an online archive or library comprising each online political advertisement purchased for placement, display, promotion or dissemination on that platform and its accompanying transparency notice.
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(b) An online platform shall retain in the online archive or library each online political advertisement placed, displayed, promoted or disseminated on that platform and its accompanying transparency notice for a period of not less than 7 years after the end of the period on which the online political advertisement was placed, displayed, promoted or disseminated as provided for in subsection (2)(e).
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(c) Where, during the period specified in paragraph (b), an online platform is acquired by or merges with another body corporate, the online platform or, as appropriate, any body corporate that is a successor to or a continuation of that online platform, shall comply with the requirements of paragraph (b).
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(6) An online platform shall make available to the public on its platform the online archive or library established, maintained and updated by it in accordance with subsection (5).
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(7) Where, during the period specified in subsection (5)(b), an online platform is to be wound up, dissolved, liquidated or otherwise cease trading, the online platform shall make arrangements with the Commission for the transfer to it of the online archive or library, and shall transfer the online archive or library to the Commission in accordance with those arrangements.
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(8) An online platform which fails to comply with this section (other than subsection (7)) shall be guilty of an offence.
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