Scottish Elections (Representation and Reform) Act 2025

54 Offence of breaching section 52

(1) Where any electronic material to which section 52 applies is published in contravention of that section, the following persons commit an offence—

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

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

(2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) It is a defence for a person charged with an offence under subsection (1) to prove—

(a) that the contravention arose from circumstances beyond the person’s control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.

(4) It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance issued under section 58.

(5) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—

(a) the electronic material had previously been published,

(b) the person reasonably believed that when it was previously published—

(i) section 52 applied to it, and

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

(c) it was not materially altered when it was republished.

(6) In subsection (5)(c), the reference to electronic material not being materially altered includes a reference to the electronic material retaining—

(a) the information within section 52(3), or

(b) the access to such information,

as a result of which the person reasonably believed its previous publication complied with section 52.

(7) The court by or before which a person is convicted of an offence under subsection (1) must notify the Electoral Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.