PART IIThe Election Campaign

Publicity at parliamentary elections

93Broadcasting during elections

(1)

In relation to a parliamentary or local government election—

(a)

pending such an election it shall not be lawful for any item about the constituency or electoral area to be broadcast from a television or other wireless transmitting station in the United Kingdom if any of the persons who are for the time being candidates at the election takes part in the item and the broadcast is not made with his consent; and

(b)

where an item about a constituency or electoral area is so broadcast pending such an election there, then if the broadcast either is made before the latest time for delivery of nomination papers, or is made after that time but without the consent of any candidate remaining validly nominated, any person taking part in the item for the purpose of promoting or procuring his election shall be guilty of an illegal practice, unless the broadcast is so made without his consent.

(2)

For the purposes of subsection (1) above—

(a)

a parliamentary election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i)

at a general election, with the date of the dissolution of Parliament or any earlier time at which Her Majesty's intention to dissolve Parliament is announced; or

(ii)

at a by-election, with the date of the issue of the writ for the election or any earlier date on which a certificate of the vacancy is notified in the London Gazette in accordance with the M1Recess Elections Act 1975 ; and

(b)

a local government election shall be deemed to be pending during the period ending with the close of the poll and beginning—

(i)

at an ordinary election, 5 weeks before the day fixed as the day of election in accordance with section 37 above or, in Scotland, section 43 above ; or

(ii)

at an election to fill a casual vacancy, with the date of publication of notice of the election.