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Complaints about lies are nothing new to elections. Legislation attempts to prohibit certain types of false statement during campaigns. This article examines the rationales for specific controls on false campaign speech and argues that the primary harms are the manipulation of voters and the distortion of the electoral process. The article also considers the consistency of such laws with rights to freedom of expression. While knowingly false statements attract little protection under Article 10 of the ECHR, there are still free speech concerns about regulating election speech. In particular, there are dangers of chilling speech and the perception of politically motivated adjudications. The article will consider the regulatory alternatives to the current law. None of the options are attractive, especially given the difficult tension between the desire to curtail falsities and the inability of the law to do so – a tension that is strongly felt in the context of an election.

Several recent cases have highlighted the range of legal controls that can be applied to expression on social networks and other amateur digital content. This article identifies three trends in the regulation of digital communications. First, such communications are subject to a wide range of laws, including those primarily regulating the mass media, public order and targeted communications. Second, the persistence and searchability of digital messages make such communications more likely to come to the attention of litigators and prosecutors. Thirdly, that the established approach to freedom of expression under Article 10 of the ECHR tends to protect speech that is deemed to be of “high value”, and therefore does little to protect much internet content. This article calls for some greater protection to be afforded to communications that are casual and amateur. The freedom to converse outlined in this article does not call for absolute protection, but seeks to ensure that any controls on expression are proportionate. In particular, alternatives to the criminal law are considered.