Commentary on Provisions Interpretation Section 48 – Key definitions
154.This section defines key terms for the coverage of the Part: “electronic material”, “promoter”, “published” and “relevant third party”. “Electronic material” can be text, pictures, videos, audio or music. However, phone calls and text messages are explicitly excluded from this definition. In order to be published by the promoter, the electronic material needs to be transmitted to the public or any section of the public. This may be done via the internet or by other electronic means.
155.The definitions of “electronic material”, “promoter” and “published” are broadly consistent with those in section 39 of the Elections Act 2022, which defines those terms for the coverage of the complementary Part 6 of the Elections Act 2022. A “promoter” is the person causing the material to be published, but is not a person who does such publishing in the ordinary course of their business, (for example, internet providers or social media companies).
156.Section 39 of the Elections Act 2022 contains a power for the Secretary of State to modify the definitions of “electronic material”, “the promoter” or “publish”. Similarly, subsection (3) allows the Scottish Ministers to modify these key definitions by regulations.
157.The definition of “relevant third party” is also key in terms of the coverage of the Part. This defines the third party campaign groups to which, as noted above, digital imprint requirements in the Elections Act 2022 do not apply. The contact details of the promoter and of any other person on whose behalf the material is published are to be included when certain electronic material is promoted by a relevant third party or published on behalf of a relevant third party. The definition of relevant third party covers persons who undertake activities in relation to a Scottish election but with the explicit exclusion of individuals, recognised third parties and registered parties. This definition may also be modified by regulations made by the Scottish Ministers in terms of their power in this section.