Commentary on Provisions Requirements when publishing electronic material Section 52 – Requirement to include information
166.This section has the principal (digital imprint) requirement for information about any relevant third party promoters and any person on behalf of whom the material is being published (who is not the promoter) to be included as part of the electronic material. It is to be legible or audible and directly accessible (where not included in the material itself) imprint on electronic material within the scope of the regime. It is a similar requirement to that in section 41 of the Elections Act 2022 in relation to the material covered there.
167.Subsection (1) requires these imprints to be displayed as part of the material or in a location that is directly accessible from the material only where that is not reasonably practicable. Subsection (2) provides that the imprint information required to be embedded within electronic material is the name and address of the promoter of the material and any person on behalf of whom the material is being published (and who is not the promoter).
168.As with the corresponding provisions in the Elections Act 2022, subsection (3) has regulation-making powers to modify the details to be included in the imprint, if required. This is to accommodate technological advances and any required changes as a result of the implementation of this or the corresponding regime under the Elections Act 2022.
169.Subsections (4) to (6) set out further imprint requirements, for example that the imprint is legible or audible and retained as part of the material when republished.