Part 8

Information to be included with certain electronic material at Scottish elections

Requirements when publishing electronic material

Exceptions to requirement in section 52
53
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.