Electoral Reform Act 2022
|
Chapter 3 Powers of Commission | ||
|
Monitoring, and investigation, of online electoral information | ||
|
150. (1) The Commission may, for the purpose of performing its functions under this Part, monitor online electoral information. | ||
(2) Where the Commission reasonably believes that any online electoral information may— | ||
(a) constitute disinformation, | ||
(b) constitute misinformation, or | ||
(c) involve manipulative or inauthentic behaviour, including the use of undisclosed bots, | ||
the Commission, or a member of staff of the Commission, may examine or investigate or appoint an authorised officer to examine or investigate, any such matter and the authorised officer or member of staff shall, following its investigation, furnish a report to the Commission. | ||
(3) The Commission, or member of staff of the Commission, may make such inquiries as it considers appropriate or direct an authorised officer to make such inquiries, and the Commission, member of staff of the Commission or authorised officer, may require any person to furnish without delay any information, document or thing in the possession or procurement of that person that the Commission, member of staff of the Commission or authorised officer may require for the purposes of an investigation. | ||
(4) The powers of an authorised officer conferred on him or her by or under section 137 (1) to (9) shall apply, in like manner and with all necessary modifications, to an authorised officer appointed under subsection (2) or to the Commission, or member of staff of the Commission. | ||
(5) The procedures set out in section 130 (3) to (6) shall, with all necessary modifications, apply to the performance of functions under this Part, by an authorised officer appointed under subsection (1) or by the Commission, or member of staff of the Commission. | ||
(6) Where an authorised officer or a member of staff of the Commission furnishes a report to the Commission in respect of the matters referred to in subsection (1), the Commission shall consider that report and any submissions or recommendations made by the authorised officer or such member. | ||
(7) Where the Commission considers it appropriate, the Commission may invite any person to make any submissions in writing to the Commission within the period specified by the Commission. | ||
(8) Following the Commission’s consideration of the report referred to in subsection (6) and any submissions referred to in subsections (6) and (7), the Commission may— | ||
(a) take no further action, | ||
(b) if it is satisfied that a contravention is taking place or has taken place, exercise any of the powers available to it under sections 153 to 157 with respect to any person whom the Commission considers is contravening or has contravened any provision of this Part, | ||
(c) prepare and publish a report of its investigation into the matter, or | ||
(d) if it is satisfied that a contravention is taking or has taken place, prosecute any offence that may have been committed in accordance with section 169 . |