Article 75 False statements as to candidatesI1

England and Wales

(1)

Subject to paragraph (2), a person (“P”), or any director of any body or association corporate, is guilty of an illegal practice if P, or that director, makes or publishes any false statement of fact in relation to the personal character or conduct of any candidate—

(a)

before or during a Senedd election, and

(b)

for the purpose of affecting how a vote is given at the election.

(2)

P or any director will not be guilty of an illegal practice under paragraph (1) if they can show that they had reasonable grounds for believing, and did believe, the statement to be true.

(3)

Except in a case to which paragraph (4) applies, a candidate is not liable, nor will that candidate’s election be avoided, for any illegal practice under paragraph (1) committed—

(a)

in the case of an individual candidate, by the candidate’s agent other than the candidate’s election agent;

(b)

in the case of a party list candidate, by the agent of that party other than its election agent.

(4)

This paragraph applies where—

(a)

it can be shown that the candidate, including, in the case of a party list candidate, another candidate on the list, or the election agent has authorised or consented to the committing of the illegal practice by the other agent or has paid for the circulation of the false statement constituting the illegal practice, or

(b)

an election court finds and reports that the election of the candidate was procured or materially assisted in consequence of the making or publishing of such false statements.

(5)

A person making or publishing any false statement of fact as mentioned in this article may be restrained by interim or perpetual injunction by the High Court or county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement will be sufficient.

(6)

Any person who, before or during a Senedd election, knowingly publishes a false statement of the withdrawal of any candidate at the election for the purpose of promoting or procuring a particular result at the election is guilty of an illegal practice.

(7)

A candidate will not be liable, nor will that candidate’s election be avoided, for any illegal practice under paragraph (6) committed—

(a)

in the case of an individual candidate, by the candidate’s agent other than the candidate’s election agent;

(b)

in the case of a party list candidate, by the agent of that party, other than its election agent.

Annotations

Commencement

I1: Art. 75 in force at 18.7.2025, see art. 1(2)