Examples of how to apply the personal opinion exemption
Example 1
A party activist posts campaign messages from the party’s social media accounts as part of their volunteer work for the party. Although they are not being paid, they are acting on behalf of the party.
This is not their personal opinion, and the material must bear the party’s imprint.
Example 2
A supporter of the party posts their own thoughts on social media to encourage people to vote for their party.
They are acting independently, not on behalf of the party, and there is no commercial basis for their post.
This is their personal opinion, and no imprint is required.
Example 3
A supporter of the party pays for independent adverts promoting the party to be shown to social media users in their area.
The supporter is acting independently, not on behalf of the party. They are a non-party campaigner (see our guidance). Since they are paying for the adverts, they do not count as an expression of their personal opinion.
The adverts must carry an imprint. Since they were not done on behalf of the party, they do not need the party’s details. They must contain the person’s own details.
Example 4
A local councillor tweets their views on who people should vote for at the Scottish Parliamentary election.
Although this is their personal opinion and they are acting on their own behalf, they are a holder of elective office.
The personal opinion exemption does not apply, and they must include an imprint in their tweet or their Twitter bio.