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(1)For the purposes of section 41 as it has effect by virtue of sections 42 and 43, electronic material to which subsection (2) applies—
(a)is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as influencing the public, or any section of the public, to give support to or withhold support from the candidate or future candidate, but
(b)may be regarded as being published on behalf of the party mentioned in subsection (2).
(2)This subsection applies to electronic material which can reasonably be regarded as influencing the public, or any section of the public, to give support to or withhold support from—
(a)two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or
(b)two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.
(3)For the purposes of section 41 as it has effect by virtue of sections 44 and 45, electronic material to which subsection (4) applies—
(a)is not to be regarded as being published on behalf of a candidate or future candidate merely because it can be regarded as promoting or procuring the election of a candidate or future candidate at an election, but
(b)may be regarded as being published on behalf of the party mentioned in subsection (4).
(4)This subsection applies to electronic material which can reasonably be regarded as promoting or procuring the election of—
(a)two or more candidates or future candidates who are standing, or are to stand, in the name of a party, or
(b)two or more candidates or future candidates who are included, or are to be included, in a list of candidates submitted by the party in connection with an election.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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