The Representation of the People Act makes it a criminal offence to:
- Make or publish a false statement about the personal character or conduct of an election candidate, if the purpose is to affect how many votes he/she will get. It is a defence to show the publisher had reasonable grounds for believing the statement was true, and did at the time believe it was true.
- And; to publish a false claim that a candidate has withdrawn from the election, if the publisher knows it to be false and published it to promote another candidate.
Breach of section 106 is punishable by a fine of up to £5,000 and a company’s directors can be convicted.
Case study: Labour MP Phil Woolas lost his seat when his election was declared void after he was convicted of breaches of section 106 by publishing election addresses containing statements of fact about the character and conduct of Lib Dem candidate Robert Elwyn Watkins. These included his attitude to Muslim extremists and election expenses.
This ban in criminal law on such statements applies from the time formal notice is given that an election is to take place until the election ends. In local government, this is around five weeks. Parliamentary elections: begins with the date of the dissolution of Parliament.
There is no specific statutory privilege for the media to publish election material produced by candidates or, what they say.
In election law, only an election candidate or their agent may incur any expenses relating to their campaign, including publication of an advert.
Ofcom has detailed rules on how broadcasters must be impartial in election and referendum periods.
- Due weight must be given to the coverage of major parties – broadcasters must also consider giving appropriate coverage to other parties and independent candidates with significant views
- All candidates must be offered the opportunity to take part in an item on their constituency
- Any report or discussion after the close of nominations must list all of the candidates
An exit poll describes any type of survey in which people who have voted are asked which candidate or party they voted for. There is a danger of influencing people who have not yet voted.
The Representation of the People Act makes it a criminal offence to:
- publish, before a poll is closed, any statement about the way in which voters have voted in that election
- publish, before a poll is closed, any forecast or estimate of that election result
Breaching section 66A can result in a fine of up to £5,000 or a six month sentence. It is legal to publish opinion poll data gathered before voting began and to report the results of exit polls as soon as polling has closed. Ofcom states broadcasters must not publish results of any opinion poll on polling day itself until the election poll closes.
The Returning Officer has legal responsibility for security and procedures at the count; there is no statutory right to attend.
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