From 1 January 2011, any person may ask the Electoral Commission to provide advice on whether, in its opinion, an advertisement constitutes an election advertisement under the law.

The advisory opinion is not a binding ruling or legal advice. The opinion is the Electoral Commission’s interpretation of the application of the Electoral Act 1993 in respect of the advertisement. 

To make a request, please complete the form that is available for download at right and attach a copy of the advertisement and any supporting information. The request can be emailed, posted or faxed to the Electoral Commission.

On receipt of a request, the Electoral Commission will, subject to the adequate documentation being submitted, provide an advisory opinion as soon as is reasonably practicable. 

The advertisement, any supporting material, and the advice of the Electoral Commission must be treated as confidential by the Electoral Commission until after the last day for the return of the writ for the election to which it relates. After the last day for the return of the writ the documents may be released by the Electoral Commission, subject to the provisions of the Official Information Act 1982.

Please refer to the guidance attached to the request form for further information. You may also wish to consult section 204I ofthe Electoral Act 1993.  If you have any queries please contact the Electoral Commission. You may also wish to seek your own legal advice.