Meeting on 5 May 1999
C1: |
On item 2 of LC Paper No. CB(2)1838/98-99(01) -
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| (i) |
to advise the meaning of "other periodical" referred to in section 75(1) of the Representation of the People Act 1983 of UK; and
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| (ii) |
to provide similar information in respect of other overseas jurisdictions.
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A1: | (i) |
We are not aware of any legal definition of "other periodical" in the electoral laws of UK.
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| (ii) |
We do not find any restriction on media commentaries relating to candidates in these countries : Australia, Canada, Germany, Japan and Singapore. According to section 100.7(b)(2) of the Code of Federal Regulations of the United States, "any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), newspaper, magazine, or other periodical publication is not a contribution unless the facility is owned or controlled by any political party, political committee, or candidate."
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C2: |
To consider members' view that section 75(1) of the Representation of the People Act 1983, with suitable modifications, should be adopted in the Bill.
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A2: |
With our proposed amendment to the definition of election advertisement, whether or not a commentary is an election advertisement will depend on the purpose test. We consider that this test can strike a balance between fair elections and freedom of speech.
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Constitutional Affairs Bureau
19 May 1999
CWP1004