Improving the conduct of referendums: there are better options than a ‘truth commission’

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Following the EU referendum there have been demands for a ‘truth commission’ to be set up to oversee future referendum campaigns. In this post Paul Kildea argues that there are significant practical difficulties to the establishment of such a body. These include the possibility of a ‘chilling effect’ on speech, the fact that the accuracy of many controversial campaign statements would be impossible to assess and the probability that the interventions of a ‘truth commission’ would become political flashpoints in themselves. It would therefore be better to focus on other changes that can be made to better prepare voters for their choice at the ballot box such as improving the design of official pamphlets and the increased use of deliberative mechanisms such as citizens’ assemblies.

One of the many talking points to have emerged from the EU referendum in June is whether a ‘truth commission’ should be established to oversee future referendum campaigns. Numerous commentators have expressed frustration at the misleading claims made by both Leave and Remain campaigners, and feel that something must be done to protect voters against the wilful spread of misinformation. In a high profile report, the Electoral Reform Society recommended that ‘[a]n official body – either the Electoral Commission or an appropriate alternative – should be empowered to intervene when overtly misleading information is disseminated by the official campaigns’. At around the same time, a change.org petition called for the establishment of ‘an independent Office of Electoral Integrity (OEI) to factually verify the truthfulness of claims made during political campaigns…with powers to issue fines and factual clarifications’. That petition, which attracted over 165,000 supporters, has received 49 signatures since being published as an Early Day Motion in the House of Commons.

The objectives of improving the quality of referendum debates, and assisting voters to make informed choices, are worthy ones. However, the establishment of a body to monitor the content of campaign statements would be misguided. Efforts to foster informed voting should be directed elsewhere.

Concerns about false and misleading campaign statements

It is understandable why the idea of a truth commission emerged in the aftermath of the EU referendum. In a hard fought campaign, both sides were accused of misleading voters through exaggerations, distortions or outright lies. The Leave campaign was widely criticised for claiming that the UK sent £350 million a week to Brussels, and intimating that it could instead be spent on the NHS. Remain, meanwhile, was singled out for exaggerating the economic impacts of leaving the EU, including a claim that households would be on average £4,300 worse off. Other flashpoints included the release of UKIP’s anti-immigration poster, featuring a huge queue of migrants and refugees and the tagline ‘Breaking Point: The EU has failed us all.’ A survey conducted near the end of the campaign found that nearly one-half of voters (46 per cent) thought that politicians from both sides were ‘mostly telling lies’, while only 19 per cent thought that they were ‘mostly telling the truth’.

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