§ Mr. Watkinsonasked the Attorney-General if he will make a statement on section 63 of the Representation of the People Act 1949 and, in particular, its application to the distribution of election material in constituencies where the organisation from which the material emanates has no candidate of its own.
The Attorney-GeneralYes. It is an offence under section 63 for any person, without the written authority of an election agent, to incur expenses on issuing advertisements, leaflets or publications or in various other ways, for the purpose of promoting or procuring the election of a candidate at the election. The courts have held that to publish or distribute material disparaging one candidate at an election may amount to promoting or procuring the election of another or the other candidates in that constituency and hence may be an offence if not authorised by an election agent. The fact that such material may disparage a political party and may not mention a candidate of that party by name or otherwise so as to identify him individually will not of itself avoid the commission of an offence; nor will the fact that the material is widely distributed in constituencies where the political party disparaged is promoting candidates.
591WIf an election agent authorises the incurring of such expenses, the person incurring the expenses is required to make the return provided for by section 63 and the expenses will form part of the election expenses of the candidate whose agent authorised their expenditure.
Persons who distribute unauthorised material may commit the offence of aiding and abetting under the section.