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Certain false statements concerning a candidate to be illegal practice.
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11.—(1) Every person who, before or during any election and for the purpose of affecting the return of any candidate at that election, makes or publishes any false statement of fact in relation to the personal character or conduct of such candidate, and the directors of any body or association corporate which before or during any election and for the purpose aforesaid makes or publishes any such false statement as aforesaid, shall be guilty of an illegal practice.
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(2) No person shall be guilty of an illegal practice under this section if he shows that he had reasonable grounds for believing, and did believe, the statement made or published by him to be true.
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(3) A candidate shall not be liable nor shall his election be avoided for any illegal practice under this section committed by his agent other than his election agent, unless it is shown that the candidate or his election agent authorised or consented to the committing of such illegal practice by such other agent, or paid for the circulation of the false statement constituting the illegal practice, or unless an election court reports that it was proved that the election of such candidate was procured or materially assisted in consequence of the making or publishing of such false statement.
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(4) Any person charged with an offence under this section, and the husband or wife of such person, as the case may be, shall be competent to give evidence in answer to such charge.
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(5) Any person who shall make or publish any such false statement as is mentioned in this section may be restrained by injunction from any repetition of such false statement or any false statement of a similar character in relation to such candidate, and for the purpose of granting an interim injunction prima facie proof of the falsity of the statement shall be sufficient.
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