Reporting Elections P468-472 Flashcards
(14 cards)
Name 4 Offences under RPA
- Making false statements about candidates
- Falsely reporting a candidates withdrawal
- Publishing exit polls before voting ends
- Publishing unauthorised statements
( applies only when Election campaign has officially started, eg , parliament is dissolved)
To prove the charge of a False statement about candidates, (under the s106 Representation of the people Act 1983) prosecution needs to show that the statement was…
- of fact, not opinion
- was referred to character or behaviour of the candidate
- was made with aim of damaging candidates chances in the election
- was untrue
Defence under RPA?
- publisher of the statement can show they had reasonable grounds for believing that the words were true
Candidate can prove a prima face case that they have been traduced by such a false statement could obtain an injunction…to prevent its repetition…
What are the remedies & penalties if the defence fails?
Court Injunction preventing further publication
Publisher of statement can be fined and disqualified from voting for up to 5 years
What is it an offence to do for exit polls?
The Representation Of The People’s Act 2000
= It is an offence to publish results of exit polls Before official polls close.
This law is needed to ensure exit polls info does not convince people not to vote.
Penalty : £5000
The press are free to editorialise and campaign so…
They do not have to be politically impartial, no code about elections.
Ofcom code on elections, What are the 6 points?
- coverage must devote space to designated organisations ie main parties
- candidates cannot act as presenters or interviewers on programmes during campaign
- reports or discussions about specific constituencies must be impartial
- Any report on specific constituency must include a list of all candidate names & political parties
. In a constituency, all significant candidates must be invited to take part in discussion and reports
.Candidates should not be able to make a point about a specific constituency unless other candidates are also invited to do so
Laws when reporting on extremist speeches ( beware of Inciting racial or religious hatred in…)
- The public order Act 1986
- Racial and religious hatred act 2006
Ofcom code section 4 religion
IPSO code clause 12 discrimination
Ofcom section 9 & 10
Commercial references on Radio & TV
What is section 106 (1) of the Representation of the People Act 1983?
-It is an offence to make or publish a false statement of fact about the personal character or conduct of an election candidate in order to affect how many votes they get
What does section 106 (5) make an offence?
It is an offence 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 or procure the election of another candidate
The ban on false statements starts & ends when?
The ban applies when formal notice is given that an election is to take place until the election ends. (Around 5 weeks for Local government elections )
(National parliamentary elections - date or dissolution of parliament- end of election)
Under what is it a broadcasters duty to be impartial?
Section 6 of the Broadcasting Code - Broadcast output must be impartial in election & referendum periods, these rules only apply to broadcasters. (Eg, Ofcom can fine radio stations…)
What is an exit poll?
Exit polls, any forecast made about election result based on info from ppl after voting
