What happens if someone makes a false statement about a candidate during an election?

In Plain English

Making false statements about a candidate's personal character or behavior during the Torres Strait Regional Authority (TSRA) election is against the law. If someone is accused of doing this, they can defend themselves by proving they had a reasonable basis to believe their statement was true.

Detailed Explanation

Under rule 156 of the Torres Strait Regional Authority Election Rules 2017, it is an offence to defame a candidate:

• Offence: Subrule 156(1) states that a person must not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate. The penalty for this offence is 10 penalty units.
• Defence: Subrule 156(2) provides a defence if the defendant proves that he or she had reasonable ground for believing and did in fact believe the statement made or published by him or her to be true. The note to this subrule clarifies that the defendant bears a legal burden in relation to this defence, as per section 13.4 of the Criminal Code. This means the defendant must positively prove that they had reasonable grounds for their belief.