Statutory Guidance on Digital Imprints introduced by Part
6 of the Elections Act 2022
Minister for Levelling-Up (Dehanna Davison): My Honourable friend
the Minister for Faith and Communities (Baroness Scott of
Brybrook) has made the following Written Ministerial Statement:
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The Government has considered the draft guidance provided by the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 This draft
guidance offers comprehensive guidance on how to follow the new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.