Part 6: Information to be included with Electronic Material Requirements Section 42: Electronic material to which section 41 applies: paid-for material
This section sets out the conditions required for material to be in scope of the regime in relation to "paid-for" material. The first condition is that the sole or primary purpose that the electronic material can reasonably be regarded as intended to achieve is a purpose within section 43. The second condition is that the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published as an advertisement. This is not intended to include payments to create electronic material. Subsection (5) provides that where material is published on a website or mobile application, payments and costs associated with setting up, operating or maintaining the website or mobile application would not, in and of themselves, be considered payments ‘to publish as an advertisement' for the purposes of the second condition.
	Subsection (4) provides that the reference to paying for the material to be published includes providing any other form of consideration in return for the publication of the material. This would therefore include the provision of a benefit in kind in return for the publication of the material. This is not intended to include any cost involved in the creation of the material.