Ella Lei calls for tighter defamation laws during elections

The government should introduce additional and tighter laws to quickly handle defamation during election campaigns, directly-elected lawmaker Ella Lei demanded yesterday.

The parliament met yesterday afternoon for the first reading of the Amendment Bill to the Legislative Assembly Electoral Law. Secretary for Administration and Justice André Cheong was present to answer questions from lawmakers.

When expressing her opinion on the bill, Lei addressed the issue of defamation during election campaigns. She noted that candidates, when believing themselves to be defamed, were usually asked to file their own lawsuits. However, she complained that judicial inefficiency often caused verdicts not to be given even after a whole parliamentary mandate, which lasts four years.

As such, Lei hoped the government could take the opportunity to review the law and establish a system to address cases of defamation more quickly.

In response to Lei, Cheong admitted that, although similar opinions had been heard or received, related proposals would not be added to the bill. He noted that defamatory remarks inadvertently occur during elections, particularly during debates between candidates.

Despite his comment, he added that defamatory remarks between candidates or electoral lists were, once identified, addressed by the Electoral Affairs Commission (CAEAL). The commission, he added, requires candidates to comply with an election’s laws and regulations.

In addition, whilst highlighting that judicial procedures do take time, Cheong highlighted that candidates should make their own checks before considering systematic measures against defamation occurring during elections.

In response to Lei, Cheong underlined that hasty conclusions should not be encouraged in criminal investigations and judicial procedures. He said that once the police receive a complaint, they need time to conduct their investigations and deliver information to the judicial branch.

Lo Choi In, on the other hand, pointed out that electoral guidelines and rules are too complicated and sometimes even too vague, discouraging voters from voting. Lei echoed her comments. Both lawmakers declared that government is responsible for persuading voters to vote.

Lei pointed out that there are a lot of grey areas in the law and the bill. For example, she said, the provision on early campaigning is unclear. Meanwhile, the provision that requires candidates to remove campaign materials posted anywhere is, in reality, unfeasible.

Cheong, in response, agreed that the government has a responsibility to encourage voting. However, he said that when it comes to competitive activities, supervision is critical and needs to be clear.

“In recent elections, campaign malpractices have occurred,” the official said.

On the establishment of the blackout period for campaign activities, the official cited “fairness” as the reason behind the decision, noting that sometimes not even journalists know when an election campaign has started and when it has finished. The blackout is to clarify the time of commencement and ensure that all candidates start from the same line.

The official also pointed out that candidates and their officials are primarily responsible for ensuring that their lists are free of malpractice.

Lawmaker Ron Lam addressed the proposal of criminalizing the lobbying of invalid votes. Without expressing his support or objection, the lawmaker requested the government uphold people’s individual rights to not vote or to cast invalid votes. He also asked about details and related matters regarding electoral donations.

Cheong said that current CAEAL regulations requiring the registration of donations of MOP1,000 or more are to safeguard elections from the influence of “unverified sources.” On the matter of encouraging invalid votes, the official said further discussions would be conducted at a committee level.

The bill passed its first reading unanimously and is next due to be discussed in a parliamentary committee.