Part 8

Information to be included with certain electronic material at Scottish elections

Requirements when publishing electronic material

Requirement to include information
52
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Electronic material to which this section applies must not be published unless, in accordance with this section—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.