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Draft guidance for new online campaigning rules published

The Government has laid draft guidance before parliament that sets out how those posting political adverts online should identify themselves to help campaigners comply with the new digital imprint and transparency rules set out in the Elections Act 2022.

The draft guidance, which has been prepared by the Electoral Commission, was laid before parliament for approval late last week (13 July). It will now undergo a 40-day period for approval.

The Elections Act 2022 introduced rules that require certain digital campaign material aimed at the UK public to include details to show who is responsible for publishing it. These details are known as an 'imprint'.

Those promoting material in scope of the rules must include the name and address of the promoter and any person on behalf of whom the material is being published.

The draft guidance says the address must be a postal address where the promoter can be contacted. It can be an office or business address or a home address. Promoters can also use a PO Box address or other mailbox service.

Political adverts, including pop-up ads, social media posts, adverts in podcasts or on websites, videos, and more, will require an imprint, according to the guidance.

Under the regime, digital campaigning material where a payment has been made to publish the material as an advertisement will be required to include an imprint, regardless of who has promoted it.

The regime will also apply to organic material where no payment to publish as an advertisement has been made, where it is promoted by specific political entities such as candidates, future candidates (those who have declared they are running for an election but are not yet formally a candidate under electoral law), political parties, recognised third-party campaigners and elected representatives, including local government representatives.

Councillors can use their council address if they wish to avoid using their personal address.

Commenting on the draft guidance, Elections Minister Baroness Scott said: "Online campaigning is a fixture of our democracy so it is important we have rules to allow people to see who is promoting material.

"I welcome the draft guidance from the Electoral Commission which has today been laid in Parliament and will support campaigners in understanding the new rules when they come into force."

If approved, the draft guidance will come into force later this year along with the new rules.

The new rules will apply, for the most part, all year round and not just in the run-up to an election and will apply to anyone paying to publish digital political material as an advertisement.

Adam Carey