Electoral Reform Act 2022

167

Offence of using undisclosed bot to mislead or influence election or referendum

167. (1) Any person who knowingly uses a bot, or causes a bot to be used, in such a way as to generate multiple online presences that—

(a) are directed towards influencing the result of an election or referendum,

(b) are designed or intended to mislead persons as to the bot’s artificial identity, or

(c) may cause public harm,

shall be guilty of an offence.

(2) It shall be a defence in proceedings for an offence under this section for a person to show that the use of the bot concerned was disclosed in a manner that was clear, conspicuous and reasonably designed to inform persons with whom the bot interacted or communicated or was intended to interact or communicate that it was a bot.

(3) A person found guilty of an offence under this section shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.