Towards introducing a new criminal offence covering politicians making egregious deceptive representations to the public

Abstract

In recent years politicians have been increasingly accused of making deceptive representations to the public. The false or misleading information imparted in these representations has the potential to influence how the public forms political preferences, leading to broader democratic implications when the public engages in democratic procedures. While these representations have existed throughout British politics, recent scandals such as Partygate and the Brexit campaign have exposed their regular use. This shift has highlighted the need to reflect on what is being and should be done to deter politicians from making these representations. The purpose of this article is twofold. It explores why these representations are problematic and sets out to make a case for legal reform. In doing so it argues for a novel legal solution. Specifically, it advocates for a new criminal offence to address the most egregious deceptive political representations made to the public.