Bill Browne
Director of the Democracy & Accountability Program.
Today independents Zali Steggall MP, Senator David Pocock and Kate Chaney MP introduced a bill to parliament that would, if it passes, give us truth in political advertising laws in federal elections. It’s called the Electoral Communications Bill.
Truth in political advertising laws
At this year’s federal election, it was perfectly legal to lie in a political ad.
That’s not true in every Australian election, and it doesn’t have to be true federally either.
South Australia has had truth in political advertising laws for 40 years now. The ACT adopted them five years ago with unanimous support: Labor, Liberal and Greens voted together.
These laws allow members of the public to make complaints about misleading advertising, to be investigated by the electoral commission. If the complaint is substantiated, the ad should be withdrawn and retracted (in other words, stop publishing it and explain what was misleading.)
Over 12,000 Australians have already signed the Australia Institute’s petition calling for these laws at the federal level.
How would the bill work?
The Electoral Communications Bill innovates on the South Australian model: but instead of placing responsibility for laws in the hands of the election commissioner, it would make this the responsibility of a panel headed by a former judge.
Since electoral commissioners are historically reluctant to take responsibility for truth in political advertising laws, creating a separate role makes sense.
While the panel can request a withdrawal or retraction, enforcement would only occur via the courts, which is appropriate given the separation of powers.
The bill also covers AI-generated deepfakes, something that wasn’t an issue in 1985 when South Australia was drafting its laws!
Haven’t we seen this bill before?
The independents’ bill appears to be identical to a bill that the Albanese Labor Government introduced last year.
It’s a reminder that we would already have truth in political advertising laws had Labor prioritised legislating them. Instead, Labor spent its time and effort doing a deal with the Liberals to increase taxpayer funding for political parties.
Truth in political advertising laws are in the Labor Party platform. Labor’s chief strategist Paul Erikson says the party’s election ads would “sail through” any truth in politics framework.
With a landslide Labor majority in the House and Labor–Greens control of the Senate, plus champions among the large independent crossbench, there are no barriers to getting them passed by the end of the year.