Page 280 - Law and the Media

Parliamentary Proceedings and Elections
Improper disclosure and breach of embargo
Action for contempt of Parliament is most frequently seen in relation to improper disclosure
and breach of embargo, where liability for contempt has arisen after the publication of
‘leaked’ details of confidential Parliamentary business.

In 1967, Tam Dalyell MP was reprimanded for disclosing to the Observer details
of evidence given to a Select Committee of the House of Commons that was
investigating chemical warfare research at Porton Down

In 1972, the Daily Mail revealed advance information about proposed increases in
the civil list. It was held to be in contempt
In 1975, the Economist published material from a leaked Select Committee report.
It was held to be in contempt.

16.2.3 Procedure

In cases of suspected breach of privilege or contempt, the matter is first referred by an
individual MP to the Speaker for a ruling on whether there is a prima facie case. If the
Speaker rules that there is a case to answer, the issue is placed before the all-party Committee
of Privileges.

After private deliberations, during which the accused and/or witnesses may be called but
otherwise have no right to be present, the Committee decides whether a contempt has
occurred. If the Committee concludes that a contempt has occurred, the offender is reported
to a sitting of the whole House with a recommendation as to punishment.

The guilty party may be reprimanded, banished, suspended from Parliament or
imprisoned.

16.3 Elections

16.3.1 False statements about candidates

Section 106 of the Representation of the People Act 1983 makes it an offence for:

Any person who . . . before or during an election, for the purpose of affecting the
return of any candidate at the election, makes or publishes any false statement of
fact in relation to the personal conduct or character of the candidate . . . unless he
can show that he had reasonable grounds for believing, and did believe the
statement to be true.

The offence may be committed by the maker of a false statement or by anyone (for example,
a newspaper, television or radio station) who publishes it.
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