Overview

This bill aims to make it a crime for elected representatives to make false or misleading public statements. It also criminalizes knowingly making false or frivolous complaints about such offenses. The bill applies across the UK and includes various safeguards and defenses.

Description

The Elected Representatives (Prohibition of Deception) Act 2022 creates two main offenses:

Offence of Deception

It is an offense for an elected representative (including MPs, MSPs, MS, MLAs, PCCs, and elected mayors) to make a public pronouncement (oral or written, including social media, broadcast, podcasts, or printed materials) that they know is misleading, false, or deceptive. The pronouncement must relate to material facts within their knowledge or a specific intended course of action. A successful prosecution requires proving the elected representative knew the statement was false. The penalty is a fine and potential disqualification from holding public office for up to 10 years. Several defenses are included, such as lack of knowledge, lack of involvement in creating the statement, taking reasonable care to ensure accuracy, or acting in the interests of national security. Prosecutions in England and Wales, and Northern Ireland, require the consent of the respective Director of Public Prosecutions. Cases must be brought within five years of the statement being made.

Offence of Making a False Allegation

It's an offense to knowingly make a false, trivial, or frivolous complaint or allegation that an elected representative has committed an offense under the deception section. The penalty is a fine.

Government Spending

The bill doesn't directly specify government spending. The costs would likely be associated with increased investigative and prosecutorial workloads for relevant authorities. No figures are provided in the bill text.

Groups Affected

• Elected Representatives: They are directly affected, facing potential prosecution and penalties for misleading statements.
• The Public: The public is indirectly affected by the aim to improve the accuracy of information from elected representatives.
• Law Enforcement and Prosecutorial Agencies: They would be responsible for investigating and prosecuting offenses under the bill, potentially increasing their workload.

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