Statutory guidance on digital imprints

Candidate

A candidate is a candidate at an election for a relevant elective office, including a person who is included in a list of candidates submitted in connection with such an election.

Digital material

In the Elections Act 2022, digital material is referred to as ‘electronic material’.

Digital material is material in electronic form which consists of or includes:

• text, moving or still images, or
• speech or music.

It does not include material that is received by a person in the form a telephone call (e.g. to a landline telephone number) or material that is received via a text message using SMS to a telephone number.

Elected office-holder

An elected office-holder is someone who holds a relevant elective office.

An elected office-holder is to be treated as holding a relevant elective office during any period when—

1. the person has been elected as, or declared to be returned as, the holder of the office, but
2. their term of office has not yet begun

Election material

Election material is material that can reasonably be regarded as promoting or procuring electoral success at one or more relevant elections for:

• one or more political parties
• a candidate or future candidate
• political parties, candidates, or future candidates that are linked by their support for or opposition to particular policies, or by holding particular opinions
• other categories of parties, candidates or future candidates that are not based on policies or opinions – for example, candidates or future candidates who went to a state school, or independent candidates (who do not stand for a political party)
• any combination of the above

Future candidate

A person is a future candidate at an election for a relevant elective office if—

1. the person has been declared, whether by the person or by someone on their behalf, to be a candidate at the election (and the declaration has not been withdrawn),
2. the election is the next scheduled election for the office, and
3. the notice of the election has not been published or, in the case of an election for the office of member of the House of Commons, the writ for the election has not been issued.

Organic material

Organic material is any material which is not a paid advert. That is, material where neither the promoter of the material, nor the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

Paid advert

A paid advert is material where the promoter of the material, or the person on behalf of whom the material is published, has paid for the material to be published as an advertisement.

For the purposes of the definitions of ‘paid advert’ and ‘organic material’, payments are not limited to just money. They can also include benefits in kind.

They do not include payments that are part of the background costs of creating, setting up, operating or maintaining the material. They are limited to payments specifically to the service provider or platform hosting the adverts for the publication of those adverts.

Political material

Political material is material whose sole or primary purpose can reasonably be regarded as intended to influence the public, or any section of the public, to give support to or withhold support from:

• one or more political parties
• a particular candidate or a particular future candidate (in their capacity as such)
• a particular elected office-holder (in their capacity as such)
• political parties, candidates, future candidates or elected office-holders (in their capacity as such) that are linked by their support for or opposition to particular policies, or by holding particular opinions
• other categories of parties, candidates, future candidates or elected office-holders (in their capacity as such) that are not based on policies or opinions – for example, candidates or future candidates who went to a state school, or MPs who have had a job outside of politics
• the holding of a referendum, or a particular outcome of a referendum
• any combination of the above

Promoter

The promoter is the person causing the material to be published.

Publish

To publish is to make available to the public at large or any section of the public.

Recall petition

A recall petition is a mechanism under the Recall of MPs Act 2015 by which a sitting MP may be “recalled” by their constituents during the lifetime of a parliament, potentially resulting in a by-election.

Recall petition material

Recall petition material is material that promotes or procures the success or failure of a recall petition.

Recall petition campaigner

A recall petition campaigner is a person who is an accredited campaigner within the meaning of the Recall of MPs Act 2015 in relation to a recall petition.

Referendums (paid adverts):

A paid advert constitutes political material if its sole or primary purpose can reasonably be regarded as intended to influence the public, or any section of the public, to give support to or withhold support from any referendum, which includes but is not limited to, the following:

By contrast, organic material constitutes referendum material only if the material wholly or mainly relates to a PPERA referendum.

Referendum material (organic material)

Referendum material is material that wholly or mainly relates to a referendum under Part 7 of the Political Parties, Elections and Referendums Act 2000, and is published during the referendum period for that referendum.

Referendum period

The period before a PPERA referendum during which certain restrictions are in place, under section 102 of the Political Parties, Elections and Referendums Act 2000

Registered non-party campaigner

A registered non-party campaigner is a campaigner recognised by the Electoral Commission under Part 6 of the Political Parties, Elections and Referendums Act 2000. In the legislation, registered non-party campaigners are referred to as ‘recognised third parties’.

Registered party

A registered party is a political party registered by the Electoral Commission under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Registered referendum campaigner

A registered referendum campaigner is an individual or organisation who is a permitted participant within the meaning of Part 7 of the Political Parties, Elections and Referendums Act 2000, in relation to a referendum to which that Part applies. In the legislation, registered referendum campaigners are referred to as ‘permitted participants’.

Relevant election

“Relevant election” means any election listed in section 45(9) of the Elections Act 2022, as amended from time to time, including:

• UK Parliamentary general elections
• Scottish Parliamentary elections
• Senedd elections
• Northern Ireland Assembly elections
• Police and Crime Commissioner elections
• Local elections, including mayoral elections, Greater London Authority elections and parish, town and community elections

Relevant elective office

“Relevant elective office” means any office listed in section 37(1) of the Elections Act 2022, as amended from time to time, including those defined there as a “relevant Scottish elective office".

This includes:

• A member of the House of Commons
• A member of the Scottish Parliament
• A member of the Senedd
• A member of the Northern Ireland Assembly
• A Police and Crime Commissioner
• An elected mayor
• A member of the London Assembly
• A councillor
• A member of the City of London Corporation

Relevant entity

A relevant entity is one of the types of individual or organisation who may be required to include an imprint on organic material.

The relevant entities are:

• a registered party
• a registered non-party campaigner
• a candidate or future candidate
• an elected office-holder
• a registered referendum campaigner
• a registered recall petition campaigner