Ratio Decidendi
Social media statements by a candidate may constitute false statements about the personal character of another candidate under the Representation of the People Act 1983 if they are factual assertions rather than expressions of opinion.
Facts
Following a local council election, the unsuccessful candidate alleged that the winner had made false statements on social media about his personal conduct and character.
Judgment Summary
The court considered the boundary between legitimate political criticism and false factual assertions. Statements that amount to accusations of specific misconduct, rather than political disagreement, may fall within the statutory prohibition.
Key Quotes
"The distinction is between statements of fact about a candidate's character or conduct, which may be actionable, and political criticism or opinion, which is protected."
— Steyn J
Subsequent Treatment
Extends traditional election law to the social media context.