Truth in political advertising laws are currently in place in South Australia and the ACT. But why don’t other states and territories follow suit?
According to one researcher, South Australia in particular, having operated its law since 1985 without impeding freedom of speech, should be an inspiration to other jurisdictions.
“My findings have debunked some major concerns about truth in political advertising laws, and show that there is strong support for these laws in South Australia by the political establishment,” Monash Associate Professor Yee-Fui Ng told Crikey.
“[I also found the] laws do not chill free speech, and that the South Australian Electoral Commission’s reputation for impartiality remains untarnished by administering these laws for the past 39 years.”
In March, the federal Labor government reportedly committed to outlawing falsehoods designed to win votes in election campaigns. The issue had been previously championed by teal independent Zali Steggall, whose own bill died due to lack of support.
The ACT has had its own law in place since 2020, but it has yet to be tested during an election. Next month’s territory general election will be the first since the law was passed.
Ng said she was surprised there wasn’t stronger support for truth in political advertising laws in states such as Victoria and New South Wales.
“It is a difficult job administering such laws in a timely fashion and under intense pressure, but the South Australian electoral commissioner has done a tremendous job in the cut and thrust of an election campaign,” she said.
“The lessons that can be learned are that truth in political advertising laws have operated effectively in South Australia for the past 39 years, and similar laws can be introduced in other jurisdictions. The ambit of truth in political advertising laws in South Australia is narrow — limited to statements of facts rather than opinions. But this means that they are constitutional and enforceable, and do not chill free speech.”
At the 2022 South Australian election, 117 allegations of misleading advertisements were made, leading to 11 requests for cessation and two warnings. Groups can be fined up to $25,000 for false political advertising.
However, Ng did find there were indications in South Australia the law had increasingly been used as a “political tool”, especially in the 2018 and 2022 state elections.
“Political parties have made multiple complaints against their opponents to distract them, delaying tactics have been employed, and parties have sought to embarrass their opponents by publicising electoral commissioner findings of false and misleading statements in the media,” the report says.
The report, released last Friday on behalf of the Susan McKinnon Foundation, was based on preliminary findings and will be followed by a final version.
“My final report will contain recommendations for the design, operation and effectiveness of truth in political advertising laws that can inform law reform in other jurisdictions,” Ng said.
