If material which requires an imprint is published without one, then
the promoter of the material
anyone else on whose behalf the material is published
for printed material, the printer
may commit an offence.
Whether it is the police or the Electoral Commission that is initially responsible depends on the purpose of the material in question, rather than who has published it.
The police will enforce material which relates to:
a particular candidate
a particular future candidate
a particular elected office-holder
The Electoral Commission will enforce material which relates to:
political parties
categories of parties, candidates, future candidates and/or elected office-holders including categories based on:
their support for or against particular policies
their holding particular opinions
any other reason
Where there is uncertainty in a particular case as to which body is responsible for enforcement, printed material will be enforced by the Electoral Commission. For digital material, this will be resolved between the enforcement bodies on a case by case basis.
The Electoral Commission will regulate digital imprints in line with our enforcement policy.
Digital imprints included somewhere directly accessible from the material
In circumstances when a digital imprint is required, it must be included as a part of the material, unless that is not reasonably practicable.
If it not reasonably practicable, then the imprint must be included somewhere directly accessible from the material – that is, somewhere roughly ‘one click’ away, or the equivalent.
If it was reasonably practicable to include the imprint as a part of the material, but the imprint is only included somewhere directly accessible from the material, then this is an offence.
For digital paid adverts, we expect campaigners to include imprints as a part of the material, and we may consider it proportionate to take some regulatory action on this basis. This is because the expenditure involved means that there is a greater need for transparency for voters.
For organic material – that is, digital material that is not a paid advert – we are unlikely to consider that it is proportionate to take regulatory or enforcement action on this basis alone, so long as the origin of the material is clear in other ways. This is because of the partial transparency provided.