Amendment 195

Elections Bill - Committee (6th Day) – in the House of Lords at 7:45 pm on 28 March 2022.

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Earl Howe:

Moved by Earl Howe

195: Clause 46, page 54, line 25, at end insert—“(4A) It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—(a) the electronic material had previously been published,(b) the person reasonably believed that when it was previously published—(i) section 39 applied to it, and(ii) it was published in compliance with that section, and(c) it was not materially altered when it was republished.(4B) In subsection (4A)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—(a) the information within section 39(3), or(b) the access to such information,as a result of which the person reasonably believed its previous publication complied with section 39.”Member’s explanatory statement This amendment inserts an additional defence into clause 46 in relation to the republication of electronic material. The defence applies where material has previously been published, the person charged with the offence reasonably believes that, at the time of the original publication, clause 39 applied to the material and it was published in compliance with that section and the material was not materially altered when it was republished.

Amendment 195 agreed.

Clause 46, as amended, agreed.

Schedule 11 agreed.

Clause 47 agreed.

Clause 48: Enforcement by the Commission