Electoral Abuse Act: Illegal to make a knowingly false statement

SECTION 11 of The Prevention of Electoral Abuse Act 23 makes it an illegal act to make a knowingly false statement about an election…

SECTION 11 of The Prevention of Electoral Abuse Act 23 makes it an illegal act to make a knowingly false statement about an election candidate. The statement must be made after the writ has been called.

The Act states: “Every person who, before or during any election and for the purpose of affecting the return of any candidate at that election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate, and the directors of any body or association corporate which before or during any election and for the purpose aforesaid makes or publishes any such false statement as aforesaid, shall be guilty of an illegal practice.”

It also states “No person shall be guilty of an illegal practice under this section if he shows that he had reasonable grounds for believing, and did believe, the statement made or published by him to be true”.

Section 11 also states that any person who makes a false statement can be restrained by injunction from any repetition of such false statement.