Explanatory Memorandum to the draft statutory guidance on digital imprints
Updated 26 July 2023
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Explanatory Memorandum to the Draft Statutory Guidance on Digital Imprints under the Elections Act 2022
2023 No. [XXXX]
1. Introduction
1.1 This explanatory memorandum has been prepared by the Department for Levelling Up, Housing and Communities and laid before Parliament by Command of His Majesty.
2. Purpose of the instrument
2.1 This instrument contains the draft guidance on digital imprints prepared by the Electoral Commission.
3. Matters of special interest to Parliament
Matters of special interest to the Joint Committee on Statutory Instruments
3.1 None.
4. Extent and Territorial Application
4.1 The extent of this instrument (that is, the jurisdiction(s) which the instrument forms part of the law of) is England and Wales, Scotland and Northern Ireland.
4.2 The territorial application of this instrument (that is, where the instrument produces a practical effect) is England, Wales, Scotland and Northern Ireland.
5. European Convention on Human Rights
5.1 As the instrument is subject to negative resolution procedure and does not amend primary legislation no statement is required.
6. Legislative Context
6.1 Part 6 of the Elections Act 2022 (‘the Act’) introduced a new digital imprint regime that requires those promoting certain digital campaigning material aimed at influencing the UK public’s support for candidates and other political actors to state who they are and on whose behalf they are promoting material.
6.2 To support compliance with the regime, section 54(1) of the Act includes a provision for statutory guidance to be prepared by the Electoral Commission and be approved by the Secretary of State for Levelling Up, Housing and Communities and Parliament.
6.3 Pursuant to section 54(5)(a) of the Act, having approved the statutory guidance prepared by the Electoral Commission (“the instrument”) without modification, the Secretary of State for Levelling Up, Housing and Communities laid the instrument in Parliament on 13 July 2023. Pursuant to section 54(7) of the Act, this instrument is laid before both Houses for a forty-day period during which either House can resolve not to approve the draft guidance.
7. Policy background
What is being done and why?
7.1 The new digital imprint rules will increase transparency for voters and empower them to make informed decisions about the campaigning material they see online. This instrument offers comprehensive guidance on how to follow the new rules with a view to support 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, supporting them in enforcing the new digital imprint rules effectively and proportionately.
8. European Union Withdrawal and Future Relationship
8.1 This instrument does not relate to withdrawal from the European Union
9. Consolidation
9.1 No consolidation is required as a result of this instrument.
10. Consultation outcome
10.1 The Electoral Commission ran a public consultation on an earlier draft version of the guidance between 31 October and 20 December 2022. 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.
11. Guidance
11.1 No guidance has been prepared in respect of this instrument.
12. Impact
12.1 There is no, or no significant, impact on business, charities or voluntary bodies.
12.2 There is no, or no significant, impact on the public sector.
12.3 A full Impact Assessment has not been prepared for this instrument because no, or no significant, impact on business, charities voluntary bodies or the public sector is foreseen.
13. Regulating small business
13.1 The legislation does not apply to activities that are undertaken by small businesses.
14. Monitoring and review
14.1 No monitoring or review of this instrument is planned.
15. Contact
15.1 Jeanne Delebarre at the Department for Levelling Up, Housing and Communities Telephone: 0303 444 0537 or email: jeanne.delebarre@levellingup.gov.uk can be contacted with any queries regarding the instrument.
15.2 Gordon Woods, Elections Director at the Department for Levelling Up, Housing and Communities, can confirm that this Explanatory Memorandum meets the required standard.
15.3 Baroness Scott of Bybrook OBE, Parliamentary Under Secretary of State (Faith and Communities, and Lords Minister) at the Department for Levelling Up, Housing and Communities, can confirm that this Explanatory Memorandum meets the required standard.