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Are selfies in polling stations really, really banned?

Nigel Farage with a Ukip supporter at the Rochester & Strood by-election in November
Nigel Farage with a Ukip supporter at the Rochester & Strood by-election in November

TL;DR: No, but it's complicated

Selfies have become ubiquitous on the campaign trail, but headlines in the last 24 hours have warned that people taking #electionselfies in polling booths could face fines or even jail time. We decided to take a closer look at the regulations.

Is it really against the law to take a selfie at a polling station?

It's complicated. Under the Requirement of Secrecy clause in the Representation of the People Act (1983), it is against the law to communicate any information "obtained in a polling station".

What kind of information is that?

According to the act, anything that shows "for whom a voter is about to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper" given to them. A breach of this law, even if by mistake, could result in a £5,000 fine or up to six months in jail.

So are selfies really, really banned in polling stations?

Well, no, but you do so at your own risk. Official guidance from the Electoral Commission says: "Given the risk that someone taking a photo inside a polling station may be in breach of the law, whether intentionally or not, our advice is that you should not allow photos to be taken inside polling stations."

There are likely to be "no photographs" signs at polling stations, according to the BBC, and staff at previous elections have been advised to write down the name and address of those who are caught. Although they're more likely to ask you to delete it than phone the police.

So if you really, really want to take an election selfie, maybe do it outside like Nigel above.

More: What's the best way to stay awake on election night?

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