Electoral Reform Act 2022
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Manipulative or inauthentic behaviour (including undisclosed bot activity) notice | ||
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157. (1) Where, during an election campaign period, the Commission is satisfied from the information available that— | ||
(a) bot activity that constitutes manipulative or inauthentic behaviour or the use of an undisclosed bot contrary to section 167 is taking or has taken place, and | ||
(b) the issuing of a notice under this subsection is necessary to protect the fairness or integrity of an election or referendum, | ||
the Commission may issue a notice, giving reasons, requiring any online platform to publish a statement informing all users of the manipulative or inauthentic behaviour or the use of an undisclosed bot that is contrary to section 167 . | ||
(2) The statement required to be published under subsection (1) shall— | ||
(a) state that the Commission pursuant to this section has issued a notice identifying bot activity that constitutes manipulative or inauthentic behaviour, | ||
(b) state that this action has been taken because the bot activity threatened the fairness or integrity of an upcoming election or referendum, | ||
(c) contain the statement of reasons for the Commission’s opinion that it was appropriate to require the publication of the statement in relation to the activity in all the circumstances, and | ||
(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. | ||
(3) Where, during the electoral period, the Commission is satisfied that— | ||
(a) manipulative or inauthentic behaviour has occurred (including where such behaviour involves the use of bots), and | ||
(b) the issuing of a notice under this subsection is necessary to protect the fairness or integrity of an election or referendum, | ||
the Commission may issue a notice requiring any online platform to take reasonable steps to prevent or prohibit such behaviour or use. | ||
(4) A notice under subsection (3) shall— | ||
(a) state that the Commission, pursuant to this section, has issued a notice requiring the cessation of the behaviour in question because it has been identified as manipulative or inauthentic behaviour, | ||
(b) state that this action has been taken by the Commission because the identified activity threatened the fairness or integrity of an upcoming election or referendum, | ||
(c) contain a statement of reasons for the Commission’s opinion that it was appropriate to require any online platform to take reasonable steps to prevent or prohibit such behaviour or use, and | ||
(d) state that any natural or legal person directly affected by the notice may appeal the notice under section 161 within 5 days. |