20 November 2007

Electoral Finance Bill, new media, and megaphones - Part 2

> LAWS179: "Electoral Finance Bill, new media, and megaphones" I've reflected on the wording and taken account of some comments. I now wonder whether the better approach is to amend paragraph (g) entirely:
cl 5 Meaing of election advertisement... (2) The following publications are not election advertisements: ... (g) the publication by an individual, on a non-commercial basis, of his or her personal political views via the following means: (i) a post or comment on a weblog, newsgroup, or internet forum; (ii) oral or similar symbolic communication, where the speaker and principal recipients are physically in the same place and the identity of the person making the statement is readily apparent, such as person-to-person conversations, public rallies or forums; (iii) written communication that is only published or communicated to other people while the person responsible for the words or graphics is physically present, such as the display of placard; and (iv) electronic messages (as defined in the Unsolicited Electronic Messages Act 2007) where the sender and recipient are personally known to each other.

The governing qualification is the expression of personal political views, while the means tries to convey the circumstances in which those views might be communicated without amounting to de facto campaigns.

4 comments:

Kent Parker said...

Looks like a good addition. But where to from here? How do you get this to the select committee?

brook said...

it is interesting blog.
=====
Brook

MLS

jack said...

This blog sounds good and I definitely agree with you in this case.

Jack roberts

MLS

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Course Outline

Lord Justice Lawton in Maxwell v Department of Trade and Industry [1974] 2 All ER 122 said:

"From time to time ... lawyers and judges have tried to define what constitutes fairness. Like defining an elephant, it is not easy to do, although fairness in practice has the elephantine quality of being easy to recognise. As a result of these efforts a word in common usage has acquired the trappings of legalism: 'acting fairly' has become 'acting in accordance with the rules of natural justice', and on occasion has been dressed up with Latin tags. This phrase in my opinion serves no useful purpose and in recent years it has encouraged lawyers to try to put those who hold inquiries into legal straitjackets.... For the purposes of my judgment I intend to ask myself this simple question: did the [decision-maker] act fairly towards the plaintiff?"


This course examines the elephantine concept of fairness in the law, along with other contemporary legal issues.

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