Offence of misleading the public
What this means
A new criminal offence targeting public officials who intentionally mislead the public or act recklessly in doing so.
Elements of the Offence
- Intention to mislead the public (or recklessness as to that possibility)
- Knowledge that the act is seriously improper
- Must involve:
- Significant or repeated dishonesty on matters of public concern
- Causing or potentially causing harm
- Significant departure from proper exercise of public functions
Implications
- Zero tolerance for misleading public statements
- Enhanced scrutiny of communications strategies during crises
- Personal criminal liability for senior officials
- Need for robust media response protocols
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This advisory is based on the current provisions of the Public Office (Accountability) Bill and associated guidance. Clients should seek specific legal advice on how these provisions may apply to their particular circumstances.