Statutory Guidance on Digital Imprints introduced by Part 6 of the Elections Act 2022
Digital technology is an important tool in political campaigning and having an active online presence has become crucial for political parties and campaigners to connect with the public and get their message heard. The Government is committed to supporting campaigners in making the most of digital campaigning tools, whilst balancing those needs with the public’s legitimate expectation that digital campaigning be more transparent. To this end, the Government recently introduced as part of the Elections Act 2022 one of the most comprehensive ‘digital imprint’ regimes that operates in the world today.
Digital imprints will increase transparency for voters and empower them to make informed decisions about the campaigning material they see online. The new rules will require those promoting certain digital campaigning material aimed at influencing the UK public’s views to state who they are and anyone on behalf of whom they are promoting material.
The new rules will, for the most part, apply all year round, UK wide, and regardless of where in the world content is promoted from.
To support compliance with the new regime, the Act includes a provision for statutory guidance to be prepared by the Electoral Commission and be approved by the Secretary of State and Parliament. The Electoral Commission ran a public consultation on an earlier draft version of the guidance towards the end of last year. As set out in the Electoral Commission’s response to that consultation, responses were received from a range of groups including political parties, academics and trade unions, and overall, the feedback was positive.
The Government has considered the draft guidance provided by the Commission and is today laying the guidance, with no modifications, before Parliament for approval. This draft guidance offers comprehensive guidance on how to follow the new rules, and will be a useful resource in supporting campaigners, candidates, and political parties in understanding and complying with the new rules. It also offers guidance to the relevant authorities (the Police and the Electoral Commission) on the enforcement of the rules. The Government expects this will support the authorities in enforcing the new digital imprint rules effectively including when considering whether to impose a sanction depending on the facts of each case and where it is necessary and proportionate to do so.
If the guidance is approved by Parliament, it will come into force alongside the new digital imprint rules, later this year. To facilitate parliamentarians’ access to the guidance, the document has been deposited in the Libraries of both Houses.