면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Election Law
High Court
2022

McDonald v Crofts

[2022] EWHC 1042 (QB)

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

"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

후속 처리

Followed

Extends traditional election law to the social media context.

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