Part 6: Information to be included with Electronic Material Requirements Section 43: Purposes referred to in section 42
Section 43 sets out the purposes, referred to in section 42, for paid-for electronic material. Subsection (2) outlines the first purpose which is influencing the public to support or withhold support from: a) a registered party; b) registered parties who advocate (or do not advocate) particular policies or otherwise fall within a particular category of parties; and c) candidates or future candidates, in their capacity as such, who hold (or do not hold) particular opinions or otherwise come within a particular category of candidates or future candidates. Subsections (2)(b) and (c) relate to paid-for material that is about more than one candidate, future candidate or registered party who otherwise fall within a particular ‘category’ (e.g., ‘category of candidates’). For example, this could be material that asks the public to vote for candidates who support policies aimed at tackling climate change or cutting taxes, regardless of their party affiliation. This material is sometimes referred to in guidance from the Electoral Commission as material about ‘categories of candidates’ or parties.
	Material that is about more than one candidate or future candidate in subsection (2)(c) is generally enforced by the Electoral Commission (section 50)(2)(a)(i)), whilst material about a particular candidate or future candidate (in subsection(4)) is enforced by the police. Material that is about one or more than one registered party in subsections (2)(a) and (b) is enforced by the Electoral Commission. This enables the Commission in practice to enforce material about registered parties and referendums, as well as material about categories of candidates, future candidates and holders of elected office. This is broadly in line with the existing split of responsibilities between the enforcement authorities in the print regime. There may be a degree of overlap between material about categories of candidates, future candidates and holders of elected office and material that is about more than one particular candidate, future candidate or holder of elected office. In these instances, it is for the authorities to establish, based on the particular facts, where the enforcement responsibility lies.
	Subsections (4) and (6) provide for the second and third purposes which are to influence the public to support (or withhold support from) a particular candidate, particular future candidate or an elected office-holder, in their capacity as such. This is material about singular candidates, singular future candidates and singular elected office-holders that fall to be enforced by the police.
	Subsection (7) provides that the fourth purpose is to influence the public to support (or withhold support from) elected office holders, in their capacity as such, who hold (or do not hold) particular opinions or who advocate (or do not advocate) particular policies or who otherwise fall within a particular category of elected office-holders. Similarly, to subsections (2)(b) and (c), this includes material about more than one elected office holder who otherwise fall within a ‘category’ (‘category of elected office-holders’). For instance, this could be material about Members of Parliament who voted for or against a particular issue. This material will generally be enforced by the Electoral Commission (section 50 (2)(a)(ii)).
	Subsection (9) provides that the fifth purpose is to influence the public to support (or withhold support from) the holding of a referendum in the UK or any area in the UK or a particular outcome of such a referendum.
	Subsection (3), subsection (5) and subsection (8) provide that the material does not need to expressly mention the name of any party, candidate, future candidate or elected office-holder to achieve any of the purposes set out in this section. Subsection (10) provides that the material does not need to expressly mention a particular outcome of a referendum to achieve the purpose set out in subsection (9)(b). It is likely that all material under subsection (9)(a) would by default expressly mention the holding of a referendum in the United Kingdom or any area in the United Kingdom.
	References to ‘in their capacity as such’ in subsections (2)(c), (4), (6), and (7), make clear that only paid-for electronic material that seeks to give support to, or withhold support from, candidates, future candidates, or elected office-holders, in their capacity as such, are in scope of the provisions. It is intended that paid-for material supporting such individuals in a personal capacity is not captured by the provisions.