Section 50 – Electronic material: conditions for application of section 52
159.This section sets out 3 conditions for when the digital imprint requirements will apply. These conditions are that:
The material can reasonably be regarded to achieve either of the 2 purposes within the subsequent section (i.e. (i) procuring electoral success at a relevant Scottish election for registered parties or more than one candidate or future candidate or (ii) the election of a particular candidate or future candidate).
The promoter of the material is a relevant third party or the person on whose behalf it is published is a relevant third party.
Neither the promoter of the material nor the person on whose behalf the material is published has paid for the material to be published as an advertisement.
160.The first condition is further elaborated on in section 51. The second condition provides that material can be promoted by the relevant third party or published on their behalf. Where it is published on their behalf, section 52(2) will require their contact details to be included despite the relevant third party not being the actual promoter. The third condition restricts the coverage of this to unpaid-for material, with paid-for material and some other unpaid-for material published by persons other than relevant third parties already regulated by the regime in Part 6 of the Elections Act 2022.
