It is time to outlaw misleading political advertising – before the next election.
Progress
2025
Zali Steggall introduces Ethical Political Advertising Code
In February, Zali Steggall MP launched the Ethical Political Advertising Code, a voluntary commitment from candidates and politicians to factual and accurate political advertising. The Australia Institute’s Democracy & Accountability Director Bill Browne joined Ms Steggall, Kylea Tink MP and Professor AJ Brown for the code’s launch.
A voluntary code is no substitute for truth in political advertising laws, as noted by the speakers at the launch. However, the existence of a code prompts voters to ask candidates whether they have committed to honest advertising and, if not, why not. It is also a reminder that despite truth in political advertising appearing in the Labor policy platform, the Albanese Government did not prioritise it during its three years in office.
2024
Electoral Communications Bill
In late 2024, the Albanese Government introduced the Electoral Communications Bill.
If the bill were legislated, it would introduce a trusted body that can request misleading political advertising be withdrawn or retracted. The bill draws on the successful 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.
Opposition Leader Peter Dutton says truth in political advertising laws “probably welcome”
In March, Opposition leader Peter Dutton signalled a shift in the Coalition’s stance on truth in political advertising laws, saying they were “probably welcome”.
You shouldn’t be allowed to lie to win an election. Electoral reform is long overdue. Let’s get it done – and done right – before the next election.
Open Letter Calls for Parliament to Protect Democracy, Close Major Gaps in Electoral Laws
Leading civil society organisations signed an open letter, coordinated by the Australia Institute and published in The Canberra Times, calling on the Parliament of Australia to safeguard Australia’s democracy by addressing major gaps in the nation’s electoral laws, including introducing truth in political advertising laws.
2023
Voice referendum marred by misleading advertising
The consequences of the misinformation propagated during the Voice referendum campaign has been to undermine confidence in Australian institutions and liberal democracy, foment racism and resentment, and send voters to the polls without the facts that they are entitled to in order to make their decision. The scale and nature of misinformation during the Voice campaign powerfully makes the case for truth in political advertising laws ahead of the next federal election. The alternative is to risk an escalation of the misinformation that has already tainted the Voice referendum and recent federal elections.
Just as it only takes seconds to start a bushfire but can take weeks to put it out, the same asymmetry applies to lies. Countering misinformation takes far more time and effort than spreading it.
— Richard Denniss, Executive Director of the Australia Institute
The Australia Institute conducted a special exit poll about the Voice referendum and misinformation.
Nine in ten Australians (87%) agreed that truth in political advertising laws should be in place in time for the next federal election campaign; only 4% disagreed.
Seven in ten Australians (72%) agree they are concerned about lies and misinformation that circulated on social media during the referendum campaign, compared to one in five who disagree (17%).
Zali Steggall’s revised bill
Independent MP Zali Steggall has made truth in political advertising a priority. She introduced the Stop the Lies private member’s bill in 2021. Unfortunately, the bill was not debated or passed.
In 2023, Zali Steggall introduced a revised and updated bill. It served as a comprehensive model of how South Australia’s successful laws could be implemented at the federal level, while drawing on existing and well-understood laws against misleading and deceptive conduct in trade and commerce.
The Australia Institute’s Bill Browne presented the 26, 900 signatures that our call for truth in political advertising garnered.
The bill did not proceed.
Parliamentary committee endorses truth in political advertising laws
The parliamentary committee on Electoral Matters considered truth in political advertising laws in detail as part of their election review.
Led by Labor MP Kate Thwaites, the majority of the committee (including Labor and Greens MPs and senators and independents Kate Chaney MP and Senator David Pocock) recommended the introduction of truth in political advertising laws in their interim and final reports.
Recommendation 12: The Committee recommends that the Australian Government consider the establishment of a division within the Australian Electoral Commission, based on the principles currently in place in South Australia, to administer truth in political advertising legislation, with regard to ensuring proper resourcing and the need to preserve the Commission’s independence as the electoral administrator.
Albanese Government’s election promise
The Albanese Government has indicated it is committed to implementing truth in political advertising laws. Prime Minister Anthony Albanese and Special Minister of State Don Farrell have identified South Australia’s successful, long-lasting laws as a viable model.
When it comes to the challenge which we have of dealing with [misinformation], it’s complex. You don’t want to interfere with any freedom of expression, but you also want to make sure that elections and democratic process can be held in an appropriate way.
— Prime Minister Anthony Albanese
2021
Zali Steggall’s private member’s bill
Independent MP Zali Steggall introduced the Stop the Lies private member’s bill in 2021, which would introduce truth in political advertising laws along the lines of those found in South Australia. In 2022, she made revisions to the bill to address the risk of misleading and deceptive advertising in referendums, not just elections. Unfortunately, the bill was not debated or passed.
Labor’s support for laws reaffirmed in Australia Institute webinar
In May 2021, Senator Kristina Keneally, Shadow Minister for Government Accountability, reaffirmed Labor’s support for truth in political advertising laws at a federal level, in a webinar hosted by the Australia Institute.
In March of the same year the Labor National Platform committed to introduce truth in political advertising laws.
2016
Australia Institute post-election polling revealed that 87.7% of respondents say the Senate should pass ‘truth in political advertising’ legislation. Only 5% of respondents in the survey of 2875 voters did not support legislation so that political parties and candidates could be fined for false and misleading advertising in the same way companies are.
Then-Senator Nick Xenophon called for national truth in political advertising laws, and the Greens have long supported national laws as well as initiating the ACT legislation.
