Overview

This bill aims to make it a crime for elected representatives and their agents to knowingly publish false or misleading statements. It also criminalizes the making of false or frivolous complaints alleging such offenses.

Description

The bill introduces two main offences:

Offence of Deception

It is an offence for an elected representative or their agent to publish a statement known to be misleading, false, or deceptive in a significant way. "Elected representative" includes MPs, MSPs, MSs, MLAs, MEPs, and elected mayors. The penalty is a fine (up to level 5 on the standard scale) and possible disqualification from holding elected office for up to 10 years. Defenses include lack of knowledge, no involvement in publication, reasonable care taken to ensure accuracy, or action in the interests of national security.

Offence of Making a False Allegation

Knowingly making a false, trivial, or frivolous complaint that the first offence has been committed is also an offence. The penalty is a fine (up to level 3 on the standard scale).

Government Spending

The bill does not directly specify any government spending. The cost would likely relate to enforcement and potential legal challenges. No figures are provided in the bill text.

Groups Affected

• Elected Representatives: Risk fines and disqualification from office for false statements.
• Agents of Elected Representatives: Similarly at risk for publishing false statements on behalf of elected officials.
• Individuals making complaints: Risk fines for false or frivolous complaints regarding false statements by elected officials.
• The Judiciary: Increased workload due to potential prosecutions under the new law.
• The Public: May benefit from greater accountability of elected officials.

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