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by jibbist
4802 days ago
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This defamation act makes a lot of sense. Freedom of speech is and should be limited, even in the USA. You can't just say anything you please and expect nothing to come of you. Write a letter with "Chocolate BOMB" to an airport and see what happens. This shows the limits on speech freedom in the USA http://en.wikipedia.org/wiki/United_States_free_speech_excep... In the UK we also enjoy the fact the politicians can't just outright lie in their Manifesto about other candidates or the current government. If/when they do, action is taken to correct or (when maliciously undertaken) to disqualify that person from running for public office. |
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e.g. s106 Representation of the People Act 1983 ("False statements as to candidates.") http://www.legislation.gov.uk/ukpga/1983/2/section/106
Everything else is fair game and "personal character" is narrowly construed — it's about "the man beneath the politician" as one court put it.
There's also no legal bar to lying about your intentions in your manifesto, despite a few attempts to persuade the courts to create one.
This from the High Court of England and Wales — "Can a promise of this kind give rise to an enforceable legitimate expectation? Even if we had accepted that the relevant ministerial statements had the effect of a promise to hold a referendum in respect of the Lisbon Treaty, such a promise would not in our view give rise to a legitimate expectation enforceable in public law, such that the courts could intervene to prevent the expectation being defeated by a change of mind concerning the holding of a referendum. The subject-matter, nature and context of a promise of this kind place it in the realm of politics, not of the courts, and the question whether the government should be held to such a promise is a political rather than a legal matter." (Wheeler v PM, a case about whether the PM was legally obliged by a manifesto commitment to hold a referendum on an EU treaty http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/...)
(IANAL).