Electoral Reform Act 2022

Obligations on buyers regarding online political advertisements

124. (1) The buyer of an online political advertisement shall provide such information and documents required under sections 121 , 122 , 123 and 125 to an online platform for the purposes of the purchase for placement, display, promotion or dissemination of an online political advertisement on an online platform.

(2) The buyer of an online political advertisement shall comply with any reasonable request by an online platform for such information and documents (including information and documents additional to those required under sections 121 , 122 , 123 and 125 ) as may be required by the online platform for the purpose of enabling it to comply with its obligations under those sections.

(3) The buyer of an online political advertisement shall provide to an online platform the information required under section 121 (2) (other than paragraphs (g), (i) and (j)) to be contained in a transparency notice prior to the placement, display, promotion or dissemination of an online political advertisement on that platform.

(4) The buyer of an online political advertisement shall provide such information as may be required in order to enable the online platform to comply with its obligations under section 121 (3) and shall, where the buyer wishes to extend the period during which the advertisement is placed, displayed, promoted or disseminated on that online platform, inform the online platform of that fact and provide up to date information to the online platform in relation to any matter required under section 121 to be included in the transparency notice.

(5) Notwithstanding subsections (2) and (3), a buyer of an online political advertisement may, at any time up to the placement, display, promotion or dissemination of an online political advertisement on an online platform, decide not to provide the information and documents required under sections 121 , 122 , 123 and 125 or any additional information and documents requested by the online platform under this section, and in that case, the buyer shall confirm that decision in writing to the online platform.

(6) A buyer who provides information or documents to an online platform pursuant to subsection (2), (3) or (4), that the buyer knows, or ought reasonably to know, is false or misleading in any material particular shall be guilty of an offence.

(7) In this Part, where a person is acting for or on behalf of a buyer of an online political advertisement any obligation imposed on the buyer shall be construed as an obligation on the person acting for or on behalf of the buyer, but the buyer remains liable—

(a) for any failure to comply with an obligation under this section by a person acting for or on behalf of the buyer, and

(b) for complying with any such obligation imposed on the buyer under this Part.