Electoral Reform Act 2022

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Directions

133. (1) (a) Without prejudice to section 131 , where, during an electoral period, the chief executive is satisfied from information available to him or her, whether obtained through monitoring of online political advertisements by the Commission, referral to him or her by the Board, information provided by any person or otherwise, that there is or has been a clear contravention of sections 121 , 122 , 123 , 124 or 125 the chief executive may give a direction in writing (in this Part referred to as a “direction”) to an online platform or buyer of an online political advertisement, or both, that he or she is so satisfied that such a contravention is taking or has taken place and to do or to refrain from doing anything which the chief executive specifies in the direction and to bring the contravention to an end.

(b) A direction shall take effect immediately upon service on the online platform or buyer of an online political advertisement, or both, to whom it is addressed and shall, other than where subsection (2)(h) or subsection (6), (7) or (8) of section 134 apply, continue in effect until the end of the electoral period.

(c) The chief executive may publish any direction given by him or her in such manner as he or she thinks fit.

(2) A direction referred to in subsection (1) shall—

(a) state the reasons for the chief executive being satisfied that there is or has been a contravention of a provision of sections 121 , 122 , 123 , 124 or 125 ,

(b) identify the provision of this Part with respect to which the chief executive is satisfied that there is or has been a contravention,

(c) specify the action which the online platform, the buyer of the online political advertisement, or both, shall take with respect to the online political advertisement and its accompanying transparency notice, as the case may require, to remedy the contravention,

(d) specify any action which the online platform, the buyer of the online political advertisement, or both, shall refrain from taking with respect to the online political advertisement and its accompanying transparency notice, as the case may require,

(e) specify any information required under the direction to be given to the chief executive by the online platform, the buyer of the online political advertisement, or both, in respect of any matter specified in the direction,

(f) specify the date and time by which the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed is to comply with the direction,

(g) specify the date and time by which the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed shall confirm to the chief executive that the direction has been complied with,

(h) state that the online platform or buyer of an online political advertisement, or both, to whom a direction is addressed may appeal the direction in writing to the Board under section 134 (1) within the period specified in that subsection, and include information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Board for the purposes of making the appeal under section 134 (1),

(i) state that, if an appeal is not made in accordance with section 134 and within the period specified in that section, then—

(i) the direction will be treated as not disputed, and

(ii) the online platform or buyer of an online political advertisement, or both, will be deemed to have accepted the direction and has or have agreed to comply with it,

and

(j) state that if the online platform or buyer of an online political advertisement, or both, to whom the direction is given fails to comply with the direction he, she or it shall be guilty of an offence.

(3) The action specified as being required under subsection (2)(c) may include a requirement to suspend the online political advertisement and its accompanying transparency notice on the online platform from where it can be accessed or seen by users of the platform until the contravention is brought to an end or otherwise remedied in accordance with the direction.

(4) The chief executive may request in writing information from any person within the period specified in the request as he or she may reasonably require for the purposes of the performance of his or her functions under subsection (1).

(5) The chief executive may amend (including to extend the date and time specified in subsection (2)(f) and (g)) or withdraw any direction given by him or her under this section, other than where—

(a) an appeal has been made to the Board under section 134 (1),

(b) an order has been made by the High Court in relation to the direction under subsection (8) or (9),

(c) on appeal to it under section 134 (1), the Board has made a determination under section 134 (7) varying or cancelling the direction, or

(d) on an appeal to it under section 134 (1), the determination of the Board under section 134 (7) confirming or varying the direction is the subject of an application for leave to apply for judicial review or an application for such judicial review.

(6) Withdrawal by the chief executive of a direction under subsection (5) does not prevent the chief executive giving another direction to the online platform or the buyer of an online political advertisement, or both, whether in respect of the same matter or a different matter, as circumstances may require.

(7) An online platform or a buyer of an online political advertisement, or both, to whom a direction has been given by the chief executive who fails to comply with, or causes or permits another person to fail to comply with, the direction shall be guilty of an offence.

(8) Where, in the opinion of the chief executive, an online platform or buyer of an online political advertisement to whom a direction was given is failing or has failed to comply with the direction by or on the date and time specified in the direction or, where an appeal was made under section 134 (1) and the direction was varied by the Board on appeal, the direction as so varied, the chief executive may, by motion, apply to the High Court for an order directing the online platform or buyer of an online political advertisement, or both, to comply with the direction, or the direction as so varied, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order or make such order including an order varying the direction as it considers appropriate in the circumstances.

(9) (a) The High Court, when considering the application under subsection (8), may make such interim or interlocutory order (if any) as it considers appropriate.

(b) The order of the High Court determining the application under subsection (8) may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

(10) Nothing in this section shall operate to prevent the Commission (including the Board) providing information to the chief executive for the purpose of the performance by him or her of his or her functions under this section.