Electoral Amendment Act 2017

98 Section 199A replaced (Publishing false statements to influence voters)

Replace section 199A with:

199A Publishing false statements to influence voters

(1)

A person is guilty of a corrupt practice if the person, with the intention of influencing the vote of an elector,—

(a)

first publishes or republishes a statement, during the specified period, that the person knows is false in a material particular; or

(b)

arranges for the first publication or republication of a statement, during the specified period, that the person knows is false in a material particular.

(2)

Subsection (1) does not apply if—

(a)

the statement was first published before the specified period and remains available or accessible within all or part of the specified period; but

(b)

the person did not, during the specified period, by any means,—

(i)

advertise or draw attention to the statement; or

(ii)

promote or encourage any person to access the statement.

(3)

In this section,—

publish, in relation to a statement, means to bring to the notice of a person in any manner,—

(a)

including by—

(i)

displaying on any medium:

(ii)

distributing by any means:

(iii)

delivering to an address:

(iv)

leaving at a place:

(v)

sending by post or otherwise:

(vi)

printing in a newspaper or other periodical:

(vii)

broadcasting by any means:

(viii)

disseminating by means of the Internet or any other electronic medium:

(ix)

storing electronically in a way that is accessible to the public:

(x)

incorporating in a device for use with a computer:

(xi)

inserting in a film or video; but

(b)

excluding addressing 1 or more persons face to face

specified period means the period—

(a)

beginning 2 days immediately before polling day; and

(b)

ending with the close of the poll.