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.

High-profile controversies surrounding the funding of political parties have shown how inequalities in wealth can enter the political process. The growth of the professional lobbying of MPs and the executive raises similar questions about money in politics. More broadly, inequalities emerge in terms of the opportunities the public have to participate in political debate. This analysis of the ways wealth can be used to influence politics in Britain explores the threat posed to the principle of political equality. As well as examining lobbying and party funding, the discussion also focuses on the ownership and control of the media, the chance to be heard on the internet and the impact of the privatisation of public spaces on rights to assemble and protest. Looking at this range of political activities, the author proposes various strategies designed to protect the integrity of British democracy and stop inequalities in wealth becoming inequalities in politics.

ISBN: 9780521700177

This book explores the problems associated with regulating the funding of political parties and election campaigns in a timely assessment of a topic of great political controversy. From interest in Obama's capacity to raise vast sums of money, to scandals that have rocked UK and Australian governments, party funding is a global issue, reflected in this text with case studies from Australia, Canada, New Zealand, United Kingdom, and the United States. Taking an interdisciplinary approach with leading scholars from politics, geography and law, this text addresses key themes: contributions, spending controls, the role of broadcasters and special interests, and the role of the state in funding political parties. With regulatory measures apparently unable to change the behaviour of parties, why have existing laws failed to satisfy the demands for reform, and what kind of laws are necessary to change the way political parties behave? The Funding of Political Parties: Where Now? brings fresh comparative material to inform this topical and intractable debate, and assesses the wider implications of continuing problems in political funding.

ISBN: 9780415580014