Non-party campaigners: UK Parliamentary general elections
The production or publication of material
Campaign material will only be regulated campaign activity if the material is made available to the public or any section of the public by the non-party campaigner.
Whether the material is publicly available is determined by who has access to that material:
- Campaign material that is made available to the public or a section of the public
- Campaign material that is made available for the public or a section of the public to hear or see will be public and will be regulated campaign activity if it also meets the purpose test and takes place during a regulated period. This applies regardless of the means by which the material is distributed.
- Campaign material that is only made available to people who have chosen to receive the information
- Campaign material that is only made available by the non-party campaigner to a closed group of members or people who have chosen to receive the information, will not be regulated.
Where access to campaign material is limited in such a way that the public would not be able to access that material, this is not regulated campaign activity. This applies regardless of the means by which the material is distributed, for example by print or digitally.
Where access to campaign material is restricted by the non-party campaigner to a group of people who have signed up to receive that material, those activities will not be regulated. For example, where access is restricted to members, or supporters, this will not be regulated.
Material restricted to specific people
Material restricted to specific people
Material that you limit so it can only be seen by people that have chosen to receive it will not be considered made available to the public, or a section of the public.
Example
This could be campaign material in the form of a newsletter you send only to people who have signed up to receive updates from you, have joined your membership scheme or have donated to your campaign. You do not make this campaign material available anywhere else.
Websites and blogs
Websites and blogs
Website content, including blogs, will be considered made available to the public if there are no restrictions on who can access the content. It will be regulated if it:
- contains content than can reasonably be regarded as intended to influence voters
- is advertised (or otherwise promoted) to the public, or a section of the public, in connection with your campaign
Advertising or promoting can include:
- giving the website address as a source for more information on other campaign material, or in other communications such as email updates
- enhancing the website’s position in search engine result lists
- placing links on other websites
- organised viral marketing or similar activities
Example
You produce a graphic during the regulated period that you encourage your supporters to share on their social media accounts to bring attention to your organisation. The graphic includes a link to a public page on your website where people can find out more information about your campaign. You have assessed that both the graphic and the website meet the purpose test.
Both the website and the graphic have no restrictions on who can access them and are therefore considered made available to the public. As the material also meets the purpose test they will count as regulated campaign activities.
In contrast, if you put material on your website that is available only to people you send the link to, for example to those who have signed up to your email mailing list, this material will not be considered made available to the public. In this scenario the material will therefore not be a regulated campaign activity.
Social media
Social media
Campaign material published on social media that is available for anyone to view has been made available to the public. This includes campaign material naming or targeted at a particular section of the public, for example campaigns directed at residents of a particular area, or people who are members of specific groups or networks.
However, social media content that is restricted to a specific group of people and cannot be accessed by any member of the public, has not been made available to the public. For example, campaign material shared only on a closed Facebook group or private X (formerly Twitter) account would likely not be regulated for this reason.
To assess whether campaign material you make available to the public on social media will be regulated, you will need to consider whether it also meets the purpose test.
If spending on social media is available to the public, or a section of the public, and meets the purpose test, you must account for the cost of producing, updating and distributing this material. In many cases, the costs of posting material on a social media site, for example sending a tweet or updating a Facebook page, will be negligible.
Newspapers and periodicals
Newspapers and periodicals
The production or publication of any content – other than an advertisement – in a newspaper or periodical (including online versions of newspapers and periodicals) is not regulated campaign activity.1
However, if you advertise in a newspaper or periodical, the advertisement will be regulated if the advertisement is available to the public, or a section of the public, and meets the purpose test. An example of this would be an advertisement you place in a local newsletter encouraging the public to vote for a group of candidates.
- 1. Schedule 8A, paragraph 2(1)(a) Political Parties, Elections and Referendums Act 2000 (PPERA) ↩ Back to content at footnote 1