Section 106 RPA 1983

Section 106 of the Representation of the People Act 1983 makes it a criminal offence for any person, before or during an election, to publish a false statement of fact about a candidate's personal character or conduct with intent to affect the vote. The offence does not cover statements about a candidate's political positions, public record, or policy — only personal character claims. Conviction can result in a fine and, in election court proceedings, in the voiding of the election result and disqualification from office.

The provision was rarely prosecuted for decades. The most significant modern precedent is the 2010 Phil Woolas case, in which the Labour MP for Oldham East and Saddleworth had his election result overturned and was barred from office for three years after an election court found his leaflets falsely claimed his Lib Dem rival had backed extremists. The Woolas case re-established that Section 106 remained an active legal instrument.

In April 2026, Section 106 produced a new conviction: Andy Osborn, a Reform UK councillor on Cambridgeshire County Council, was convicted at Westminster Magistrates' Court on 16 April — the first successful Section 106 prosecution of a Reform UK elected official. Osborn was fined £1,800 and must vacate his seat. Further cases involving Conservative candidate Nina Tempia and Samantha Hoy were proceeding at the same court ahead of 7 May, signalling an unusual cluster of legal activity under this provision in a single election cycle.