Page 281 - Law and the Media

Law and the Media
There are four elements that need to be proved by the prosecution:

1. The statement was one of fact rather than opinion
2. It referred to the personal character or dealings of an individual candidate
3. It was politically motivated and was made in order to affect the chances of the candidate
being elected, and
4. It was false.

Mere falsity is sufficient. The statement does not have to be false and damaging, although
it is unlikely that any candidate would take action in respect of a statement that he did not
consider to be damaging in some respect. In this respect, the law places election candidates
in a more favourable position than other victims of untruths. In an action for defamation it
is necessary to establish defamation as well as falsity in order to stand any chance of
obtaining an injunction.

Even if the jury is satisfied that all four elements exist, the maker or publisher of the false
statement has a defence to the charge if he can establish that at the relevant time he believed
the statement to be true and had reasonable grounds for that belief.

Section 106 provides that an injunction may be granted by the High Court or County Court
against the maker of such a false statement, preventing them from repeating a ‘false
statement of a similar character about a candidate’.

Section 10 of the Defamation Act 1952, which remains in force under the Defamation Act
1996, specifically excludes ‘defamatory statements published by, or on behalf of, a candidate
in any election to a local government authority or to Parliament’ from the protection of the
defence of qualified privilege.

16.3.2 Election expenses

The provision and payment of expenses incurred by an election candidate is strictly
controlled by law. Sections 72 to 76 of the Representation of the People Act 1983 state
that payment of all election expenses must be made through the candidate’s election
agent. Section 75 makes it an offence to incur expenses with a view to procuring the
election of a Parliamentary or Local Government candidate except with his agent’s
authorization.

Consequently, it is illegal for well-wishers or supporters of a candidate to advertise in order
to enhance his chances of election. However, the law allows media support by editorial
comment, publication of a particular candidate’s views or disparagement of his opponents as
long as it is not paid for.
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