Part 8

Information to be included with certain electronic material at Scottish elections

Offences

Offence of breaching section 52
54
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.