Electoral Reform Act 2022
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Correction notice | ||
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154. (1) Where— | ||
(a) during an election campaign period, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral information constitutes disinformation, or | ||
(b) at any time, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral process information constitutes misinformation, | ||
and the Commission is satisfied that the issuing of such a notice is necessary to protect the fairness or integrity of the election or referendum, he or she may issue a correction notice requiring any natural or legal person to whom it is directed, including any online platform, to communicate to all persons who access the online platform a statement by the Commission under this section. | ||
(2) A notice under this section shall— | ||
(a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met, | ||
(b) include the precise online location of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b) and, where necessary, any additional data enabling the identification of the information, | ||
(c) contain a statement of the Commission, in compliance with subsection (3), in respect of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b), | ||
(d) inform the person to whom the notice is addressed that he or she shall cause the statement in paragraph (c) to be published at the online location referred to in paragraph (b), | ||
(e) inform the person to whom the notice is addressed of the right to appeal the notice under section 161 within 5 days from the date on which the notice was issued. | ||
(3) The statement referred to in subsection (2)(c) shall— | ||
(a) state that it is a statement required to be published pursuant to a correction notice issued by the Commission under which the correction of certain content visible at a precise online location has been required by the Commission pursuant to this section, | ||
(b) state that this action has been taken because the content at the online location constituted disinformation or misinformation, | ||
(c) contain a summary of the reasons for the Commission’s opinion that the issuing of a correction notice was appropriate in all the circumstances to protect the fairness or integrity of the election or referendum, as the case may be, | ||
(d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days from the date on which the notice was issued. | ||
(4) The statement referred to in subsection (2)(c) may also contain any or all of the following: | ||
(a) a statement setting out in what respects the content was false or misleading; | ||
(b) a correct statement of information; and | ||
(c) such further information or statement as the Commission shall deem appropriate, having regard to all the circumstances. |