If digital material which requires an imprint is published without one, then both
the promoter of the material
anyone else on whose behalf the material is published
may commit an offence under section 48(1) of the Elections Act.
It is a defence for a person charged with this offence to prove any of the following:
that the failure to comply was due to circumstances beyond their control, and that they took all reasonable steps, and exercised all due diligence, to ensure they did comply.
that they complied with this guidance
that in the case of the republication of material (see section Sharing and republishing):
the material had previously been published
it had not been materially altered when it was republished
they reasonably believed that the original material required an imprint under section 41 and complied with the requirements of that section