The Chief Electoral Officer has fowarded for consideration a copy of a letter from Mr T. J. Ryan, to Mr R. Ainge-Johnson, compiler and publisher on behalf of the National Campaign Council, respecting a publication entitled 'Nationalist Speaker's Handbook No.2', purporting to deal with The Facts v. Mr Ryan's Claims. Mr. Ryan's letter is as follows:

A publication entitled 'Nationalist Speaker's Handbook No. 2\ purporting to deal with The Facts v. Mr Ryan's Claims has been brought under my notice.

I have carefully read this booklet and I find that it consists mainly of a tissue of falsehoods concerning myself and the doings of the Queensland Labor Government. On the first page of what is put forward as facts, I find ten falsehoods, while on the next there are fifteen. These pages may be taken as typical of the whole production.

1 have never read a document which contains more falsehoods in such a short space. These false statements are both libellous and contrary to the provisions of the Commonwealth law dealing with elections, and I wish to notify you that I shall hold you and the members of the National Campaign Council liable in respect thereto.

Moreover, I require you to withdraw the publication from circulation and to advise all speakers on behalf of the Nationalist Party to refrain from any repetition of such gross falsehoods.

A typical illustration of the lying character of this production is to be found on page 9, where reference is made to the Ryan Thousand. After referring to a certain resolution, you go on to say: 'After it was passed, he (meaning myself) never had time to appear on a recruiting platform'. This is untrue, as a reference to the records will show.

You then proceed to say: 'The Ryan Thousand scheme fizzled out after (it is said) a strength of 78 had been reached'. The records in the possession of the officials of the

Nationalist Government will show that enlistments in what was known as the Ryan Thousand went on continuously right up to the signing of the Armistice and at that date well over 400 men had enlisted. I hold written communications to that effect from the Commonwealth authorities. These men enlisted in the Ryan Thousand notwithstanding the efforts which were made by the anti-Labor advocates and their press to make it a failure.

I notice from the press that the Prime Minister is repeating these and many other falsehoods contained in this pamphlet, but the fact that he is doing so is no protection either to you or to the members of the National Campaign Council, who must shoulder their own responsibility in connection with it.

I am forwarding a copy of this letter to Mr P.M. Glynn, the responsible Minister in charge of the conduct of the elections.

In a covering letter to the Minister for Home and Territories Mr Ryan requests that the Minister-

. . . will be good enough to take steps to enforce the law and to prevent any further breach of the provisions of the Commonwealth electoral law, such as is disclosed in the 'Handbook' referred to.

The minute of the Chief Electoral Officer relating to the matter is as follows:

Referred for consideration.

I understand that the point raised by Mr Ryan is that certain statements contained in the accompanying 'Handbook'-two of which are quoted in his letter dated 16 November-constitute an infringement of the Electoral Act.

Mr Ryan requests the Minister-

1. to take steps to enforce the law; and
2. to prevent further breach of the provisions of the law as disclosed in the pamphlet. The sections which might possibly bear upon Mr Ryan's complaint appear to be sections 161 (e) and 181.

The electoral administration has not hitherto taken action under section 181, inasmuch as the aggrieved candidate, being in possession of all the facts, can himself initiate proceedings if he considers that the published statement in question comes within the scope of the section, and can, if he establishes a case, obtain an injunction.

Section 161 (e) deals with the publication of an untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote.

A question arises as to whether statements, in the nature of those complained of by Mr Ryan, come within the scope of this section.

It will be noted that the name and address of the author is on the first page instead of at the foot of the pamphlet as required by section 161. This is a technical breach of the law but of a minor character.

The sections of the Electoral Act which the Chief Electoral Officer suggests may possibly have been contravened by the publication of the pamphlet are sections 161 (a), 161 (e), and 181.

By section 161 (a) it is an illegal practice to publish-

Any publication of any electoral advertisement handbill or pamphlet or any issue of any electoral notice (other than the announcement by advertisement in a newspaper of the holding of a meeting) without at the end thereof the name and address of the person authorizing the same.

The publication under consideration has not at the end thereof the name and address of the person authorising it, but on the front cover are the words 'Compiled and authorised for and on behalf of the National Campaign Council by R. Ainge-Johnson, 395 Collins Street, Melbourne'. In my opinion, while a technical contravention of the section has been committed, the object of the section has been fully complied with.

Section 161 (e) makes it an offence to print, publish, or distribute 'any electoral advertisement, notice, handbill, pamphlet, or card containing any untrue or incorrect statement intended or likely to mislead or improperly interfere with any elector in or in relation to the casting of his vote'.

The untrue or incorrect statements to which paragraph (e) relates are statements intended or likely to mislead or improperly interfere with an elector in or in relation to the casting of his vote. They must, in my opinion, be statements having some relation to the actual operation of marking the ballot-paper, as distinct from statements which may affect the judgment of the elector in deciding for whom he will vote.

I have glanced through the pamphlet but have not discovered any statements intended or likely to mislead an elector in or in relation to the casting of his vote. Section 181 of the Act is as follows:

181 (1) A person shall not make or publish any false and defamatory statement in relation to the personal character or conduct of a candidate.

Penalty: One hundred pounds, or imprisonment for six months.

Provided always that it shall be a defence to a prosecution for an offence against this sub-section if the defendant proves that he had reasonable ground for believing and did in fact believe the statement made or published by him to be true.

(2) Any person who makes a false and defamatory statement in relation to the personal character or conduct of a candidate in contravention of this section may be restrained by injunction at the suit of the candidate aggrieved, from repeating the statement or any similar false and defamatory statement.

I have not before me any evidence as to whether any statements contained in the pamphlet are false and defamatory in relation to the personal character or conduct of Mr Ryan.

It is impossible for me to advise, in the absence of evidence, whether any contravention of section 181 has taken place.

In any case, there is no legal obstacle to the institution of proceedings by Mr Ryan, if he so desires (see section 13 (b) of the Crimes Act 1914).

Having regard to the nature of the offence created by section 181, it would, in my opinion, be preferable that as a general rule proceedings should be instituted by an aggrieved candidate rather than by the Department. And this is borne out by sub-section (2) of the section which empowers a court to grant an injunction at the suit of the candidate aggrieved, restraining the defendant from repeating a false and defamatory statement.

For these reasons I see no ground for the institution of proceedings by the Department in this case.

[Vol. 16, p. 316]