Scottish Elections (Representation and Reform) Act 2025

Requirements when publishing electronic material

52 Requirement to include information

(1) Electronic material to which this section applies must not be published unless, in accordance with this section—

(a) the information mentioned in subsection (2) is included as part of the electronic material, or

(b) if it is not reasonably practicable to comply with paragraph (a), the information mentioned in that subsection is displayed in text form in a location that is directly accessible from the electronic material.

(2) That information is—

(a) the name and address of the relevant third party who is the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being published (and who is not the promoter).

(3) The Scottish Ministers may by regulations amend subsection (2) so as to—

(a) add a description of information, or

(b) modify or remove a description of information that is for the time being specified in that subsection.

(4) Information is included as part of electronic material for the purposes of subsection (1)(a) only if—

(a) where the material consists of or includes text or moving or still images, it is displayed in text form as part of that material,

(b) where the material consists only of speech or music, it forms an audible part of that material.

(5) Information that is included as part of electronic material—

(a) must be legible or audible (as the case may be) regardless of the device used to access the material, and

(b) must be such that, if the electronic material were to be republished by a person who did not alter the material, the information would be retained as part of the material when republished.

(6) Information that is directly accessible from electronic material—

(a) must be legible regardless of the device used to access the information, and

(b) must be such that, if the electronic material were to be republished by a person who did not alter the material, access to the information would be retained as part of the material when republished.

53 Exceptions to requirement in section 52

(1) Section 52 does not apply to the republication of electronic material if—

(a) when it was previously published—

(i) section 52 applied to it, and

(ii) it was published in compliance with that section, and

(b) it is not materially altered when it is republished.

(2) In subsection (1)(b) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

(a) the information within section 52(2), or

(b) the access to such information,

as a result of which its previous publication complied with section 52.

(3) Section 52 does not apply to the publication of electronic material on a website or mobile application whose primary purpose, or one of whose primary purposes, is the publication of journalism created for publication on the website or mobile application.

(4) In subsection (3) “mobile application” means application software designed and developed for use by the general public on mobile devices such as smartphones and tablets.

(5) The Scottish Ministers may by regulations amend this section so as to add, modify or remove cases to which section 52 does not apply.