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(1)No person shall, with intent to influence persons to give or refrain from giving their votes at a parliamentary or local government election, use, or aid, abet, counsel or procure the use of, any television or other wireless transmitting station outside the United Kingdom for the transmission of any matter having reference to the election otherwise than in pursuance of—
(a)arrangements made with the British Broadcasting Corporation for it to be received and re-transmitted by that Corporation; or
(b)arrangements made with the Independent Broadcasting Authority or a programme contractor (within the meaning of the [1981 c. 68.] Broadcasting Act 1981) for it to be received by the Authority or contractor and re-transmitted by the Authority.
(2)An offence under this section shall be an illegal practice, but the court before whom a person is convicted of an offence under this section may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of section 173 below.
(3)Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this section, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—
(a)that the act or omission took place without his consent or connivance; and
(b)that he exercised all such diligence to prevent the com mission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
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