Electoral Reform Act 2022

157

Manipulative or inauthentic behaviour (including undisclosed bot activity) notice

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.