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Critical Severity

Reversed Burden Chills Election Speech

This provision reverses the burden of proof for election-related speech, requiring accused speakers to prove their statements true rather than requiring the government to prove falsity (subsection 8). Combined with the vague "likely to influence" standard and broad scope covering Electoral Commission information, voting processes, results, and candidate scandals, this creates severe chilling effects on political discourse. Speakers face criminal penalties unless they can document every election-related statement, discouraging investigative journalism about candidates, commentary on electoral irregularities, and democratic participation—contrary to international human rights standards protecting freedom of expression.