Commentary on Provisions Part 8: Information to be included with certain electronic material at Scottish elections
145.Part 8 of the Act contains provisions promoting further transparency at Scottish elections. It requires certain unpaid-for electronic campaigning material for Scottish elections which is promoted by or published on behalf of “relevant third party” organisations to display an imprint with the name and address of the promoter and of any other person on behalf of whom the material is being published.
146.While the term “digital imprint” is not used in the Act or in the corresponding provisions in Part 6 of the Elections Act 2022 (see below), it is often used to mean required identification information added to digital campaigning material. Therefore, wherever that term is used in these Explanatory Notes or in other Accompanying Documents, it is an intended shorthand for the information required to be included with any electronic campaigning material to which legislative provisions apply.
147.Part 8 regulates any “relevant third party”, which means a body (not a candidate or another individual) involved in campaigning or influencing the election while not being a direct participant, such as a political party (hence “third party”). The “relevant” qualification recognises that there are other third parties involved in campaigning which are not covered by this Part. For example, “recognised third parties” (campaigning groups which have registered with the Electoral Commission) fall to be regulated under the regime in Part 6 of the Elections Act 2022.
148.Part 8 of the Act supplements the regime in Part 6 of the Elections Act 2022, which requires digital imprints to be included in a broad range of electronic material. Generally, the transparency requirements there require contact information to be included with paid-for electronic material which relates to registered political parties and candidates and also with other unpaid-for electronic material connected with elections. The application of the Election Act 2022 as regards unpaid-for material is limited to material which is promoted by or published on behalf of certain groups listed in section 44(3) of the Act, such as registered parties, candidates, office holders and recognised third parties.
149.Therefore the Elections Act 2022 does not extend to unpaid-for digital campaigning material for Scottish elections which is promoted by or published on behalf of third party campaign groups which are not recognised third parties. The supplementary provisions in Part 8 of the Act are intended to extend requirements to that group.
150.Digital imprint rules for Scottish elections are currently found in the Scottish Elections (Details to appear on Election Material) Regulations (S.S.I. 2020/297) and the Scottish Elections (Details to appear on Election Publications) Regulations (\S.S.I. 2020/298). Following the enactment of this Part it is intended that the coverage and requirements for Scottish elections will be in Part 8 of the Act and in Part 6 of the Elections Act 2022. The regulations are therefore revoked by section 61.
151.More generally, there remain requirements to include contact details in campaign material for Scottish elections for printed material which is not in an electronic or digital format. Section 143 of the Political Parties, Elections and Referendums Act 2000 (“PPERA”) sets out what details are to appear on printed election material at Scottish Parliament (and other) elections and section 110A of the Representation of the People Act 1983 provides for the details to appear on election publications for Scottish local government elections.