Using the criminal law to protect politicians from false claims

Around the world, it is common to use the criminal law to protect politicians from false claims. The law frequently protects politicians from such claims both when they might damage the individual’s reputation, and when they might affect their chances of election. In recent years, low cost access to the internet and hence to social media platforms has given rise to political falsehoods being widely disseminated. What is the proper role of the criminal law in deterring the spread of political falsehoods about politicians? I argue that, other than in cases where the claims in issue amount to intimidation, the case for using the criminal law to protect politicians from false political claims is generally very weak. However, I try to put this argument in the context of a discussion about whether there is a better case for protecting candidates for office from false political claims about them, than the case for protecting serving politicians in office from such claims.