The Commission has powers powers to obtain two different types of information under section 57 of the Scottish Elections (Representation and Reform) Act 2025, which applies Schedule 12 to the Elections Act 2022
There is a power to give notice in writing to any person requiring them to provide the information identified in the notice, which is reasonably required either:
to determine whether digital material has been published without an imprint where one was required
to enable the Commission to make contact with the promoter of the material or any other person on behalf of whom the material has been published
The Commission also has the power to give notice in writing to any person requiring them to provide the Commission with the electronic material identified in the notice, which is reasonably required for the purposes of determining whether electronic material has been published without an imprint where one was required.
The Commission may exercise that power where it is proportionate and in the public interest to do so. We will not do so where that information is easily accessible by other means. Any information obtained under such a notice may not then be used as evidence in any enforcement action against the person who provides the information to the Commission.
Compliance with notices
Where the Commission uses either of these powers, we will set a deadline for compliance. The deadline will be proportionate, taking account of the facts of the specific situation, including the urgency of obtaining the information.
If you do not comply with such a notice the Commission may seek a court order requiring the information.