Committee publication · Correspondence · 22 May 2025 · HC 570
Letter, dated 7 May 2025, from Joanna Killian, Chief Executive, Local Government Association
From: Speaker's Conference (2024)
Inquiry: Speaker’s Conference on the security of candidates, MPs and elections
Summary
The Local Government Association (LGA) advises the Speaker's Conference that local authorities have no power and are legally precluded from rebutting misinformation about election candidates under the Local Government Act 1986 and the Code of Recommended Practice on Local Authority Publicity. However, the LGA acknowledges the serious problem of abuse and misinformation affecting candidates and councillors, notes existing legal remedies under the Representation of the People Act 1983 and Online Safety Act 2023, and calls for coordinated government action on harassment, police consistency, and security funding.
Key findings
- Local authorities cannot and are prohibited from publishing material to rebut or correct misinformation about candidates during elections, as this would breach Section 2 of the Local Government Act 1986 and paragraphs 34–35 of the Code of Recommended Practice.
- Section 106 of the Representation of the People Act 1983 makes false statements about a candidate's personal character or conduct an illegal electoral offence, enforceable by criminal prosecution or civil election petition, but only protects personal (not political) character and applies post-election.
- The Online Safety Act 2023 (Section 179, effective 31 January 2024) criminalises sending false messages intended to cause non-trivial psychological or physical harm, with broader scope than predecessor legislation; Ofcom established an Online Information Advisory Committee on 28 April to advise on misinformation.
- Seven in ten councillors experience abuse and intimidation; current support is inconsistent and councillors lack access to security funding despite some facing high-risk threats, while the government has not yet legislated to allow councillors to keep home addresses private.
- The LGA calls for a risk-based approach to addressing abuse across all levels of government, a review of justice system preparedness (policing and CPS response), and improved coordination with the Defending Democracy Taskforce.
Tone
ProceduralTopics
Key actors
Joanna Killian, Local Government Association, Sir Lindsay Hoyle MP, Speaker's Conference, Dan Jarvis MP, Rushanara Ali MP, Electoral Commission, Ofcom
Notable line
“We do not believe local authorities have any powers or responsibilities to intervene to rebut mis/disinformation about candidates in elections. Indeed, we believe they are precluded from doing so.”
Key Quotes
“We do not believe local authorities have any powers or responsibilities to intervene to rebut mis/disinformation about candidates in elections. Indeed, we believe they are precluded from doing so.”
“Seven in 10 councillors experience abuse and intimidation, with a quarter having reported an incident to the police and one-fifth experiencing a threat of violence”
“… local authorities may not "publish or arrange for the publication of any material which, in whole or in part, appears to be designed to affect public support for a political party"”
“A leading counsel has advised that in the light of the restrictions on publicity in the Local Government Act 1986 and paragraphs 34 and 35 of the Code of Practice, it is very doubtful that a local authority could intervene to correct falsehoods, even if for entirely laudable motives and to prevent the evil of misinformation and harassment.”
“It is challenging to encourage people to run for public office locally and increasingly, a key barrier is the abuse and intimidation that candidates and councillors anticipate receiving throughout 18 Smith Square, London …”
Source · parliament.uk record ↗