Referendums (Scotland) Act 2020

Prohibition on publication of exit polls

8 (1) No person may publish before the close of the poll—

(a) any statement relating to the way in which voters have voted in the referendum where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted, or

(b) any forecast as to the result of the referendum which is (or might reasonably be taken to be) based on information so given.

(2) If a person acts in contravention of this paragraph the person commits an offence.

(3) A person who commits an offence under sub-paragraph (2) is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale (or both).

(4) In this paragraph—

• “forecast” includes estimate,

• “publish” means make available to the public at large, or any section of the public, in whatever form and by whatever means,

• “voters” includes proxies for voters,

any reference to the result of the referendum is a reference to the result for the whole of Scotland or the result in one or more local government areas.