Will Rogers once said that “if you ever injected truth into politics, you’d have no politics.” In Wales, it appears that the government is challenging that assessment. However, if the new legislation criminalizing political lies is successful, the Welsh are likely to find themselves with the same abundance of lies but little free speech.
A proposal in the Welsh parliament (or the Senedd) would make it the first country in the world to impose criminal sanctions for lying politicians. Adam Price, the former leader of the liberal Plaid Cymru Party is pushing for the criminalization, citing a “credibility gap” in UK politics.
Astonishingly, this uniquely bad idea has received support from a key committee. Once on track for adoption, this is the type of law that can become self-propelling through the legislature. Few politicians want to go on record voting against a law banning political lies. The free speech implications are easily lost in the coverage.
The new law would make it a criminal offense for a member of the Senedd, or a candidate for election to the Senedd, to wilfully, or with intent to mislead, make or publish a statement that is known to be false or deceptive. There is a six-month period for challenges to be brought.
The law allows a defense that a statement could be “reasonably inferred” to be a statement of opinion, or if it were retracted with an apology within 14 days. If guilty, the politician would be disqualified from being a Senedd member.
The defense is hardly helpful.
It creates an uncertainty as to which statements would be deemed an opinion and which would be treated as a statement of fact. It invites selective and biased prosecutions. After all, what does it mean to accuse a politician of trying to “mislead” the public?
Hellbound and Down 