64.—(1) No person shall, with intent to influence persons to give or refrain from giving their votes at a European Parliamentary election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990 M1) or in any service which would, if Gibraltar were part of the United Kingdom, be a programme service provided from a place outside the United Kingdom and Gibraltar otherwise than in pursuance of arrangements made with—
(a)in the United Kingdom,
(i)the British Broadcasting Corporation;
(ii)Sianel Pedwar Cymru;
(iii)the holder of any licence granted by the Office of Communications;
(b)in Gibraltar, the Gibraltar Broadcasting Corporation,
for the reception and re-transmission of that matter by that body or the holder of that licence.
(2) An offence under this regulation shall be an illegal practice, but the court before whom a person is convicted of an offence under this regulation may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of regulation 107.
(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this regulation, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves—
(a)that the act or omission took place without his consent or connivance; and
(b)that he exercised all such diligence to prevent the commission of the illegal practice as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.
Marginal Citations
M1See section 201 of the Broadcasting Act 1990 (c. 42), which was amended by paragraph 11 to Schedule 10 of the Broadcasting Act 1996 (c. 55) and sections 306(1) (a) and (b) and (2) of, and Schedule 19 to, the Communications Act 2003 (c. 21).