Parliament House

It is time to outlaw misleading political advertising – before the next election.

It is legal to lie in a political advertisement in Australia but it does not have to be that way.

The time is ripe for truth in political advertising laws that are constitutional, uphold free speech, but introduce a measure of fairness and accountability to the political process.

Other aspects of advertising are prohibited from making misleading or deceptive claims. Pharmaceutical companies cannot claim to have the cure for cancer, food companies cannot claim that sugary foods are good for kids, and lawyers cannot guarantee they will win every personal injury case.

Australians should be entitled to expect the same standard of honesty in politics as received in trade and commerce – if not a higher standard.

Independent member for Curtin Kate Chaney, Independent Member for Warringah Zali Steggall and Australia Institute Director of Democracy & Accountability Bill Browne at a press conference at Parliament House in Canberra, Monday, 13 November, 2023. (AAP Image/Mick Tsikas)

While election campaigning by its very nature will always be robust, Australians’ trust in politics diminishes when lying in a political advertisement is legal.

Political advertisements that are deceptive and misleading interfere with the public’s ability to make informed decisions. Without action and regulation, Australia risks a democratic crisis and election campaigns risk sliding into a free-fall of fake news.

But there are clear examples set across Australia that the federal parliament can follow. In South Australia, truth in political advertising laws have existed since the 1980s. In 2020 the ACT Legislative Assembly unanimously passed truth in political advertising laws that came into effect in July 2021.

Recent years have witnessed a growing number of complaints from both sides of politics that misinformation and misleading advertising are rampant in the lead-up to elections. The recent Voice referendum was plagued by lies and misinformation from campaigners.

Ballot papers are seen at a counting centre in Melbourne, Saturday, October 14, 2023. Australians will vote in a referendum on October 14 on whether to enshrine an Indigenous voice in the country's constitution.
Ballot papers are seen at a counting centre in Melbourne, Saturday, October 14, 2023.

Parties and candidates in Australia receive generous public funding, with few strings attached. Public money is funding political advertising that could be misleading or deceptive.

Truth in political advertising laws are extremely popular. Not only do they enjoy support from all sides of politics, nine out of ten Australians agree truth in political advertising laws should be in place by the next federal election.


The Australia Institute’s research into truth in political advertising laws is kindly supported by the Susan McKinnon Foundation.

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