Statutory guidance on imprints for non-party campaigners at Scottish Parliamentary and council elections
Key terms
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 legislation, 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.
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—
- 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by the person or by someone on their behalf, to be a candidate at the election (and the declaration has not been withdrawn),
- the election is the next scheduled election for the office, and
- the notice of the election has not been published
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.
Promoter
The promoter is the person causing the material to be published (but does not include any person who publishes the material as part of that person’s ordinary course of business).
Publish
To publish is to transmit to the public at large or any section of the public.
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.
Relevant election
“Relevant election” means:
- Scottish Parliamentary elections
- Council elections in Scotland