Section 196 of the Electoral Act 2004 (Tas) protects a candidate from having their name or likeness appear in advertising and other electoral material without permission.

Bill No. 25 of 2024 would amend the protection in s.196 to how-to-vote cards only, meaning candidate names and likenesses could appear in misleading advertising.

The Legislative Council debated this matter extensively in late 2023, when considering amendments to the Electoral Act. At that time, the Legislative Council did not support removing s.196 in the absence of truth in political advertising to protect candidates against misuse of their names and images.

The Australia Institute Tasmania supports introducing truth in political advertising laws alongside any limitation on s.196.

Truth in political advertising laws can protect candidates against misrepresentation. In Tasmania, candidates rely on s.196 to resolve cases like these.

Regardless of amendments to s.196, introducing truth in political advertising laws should be a priority for this Parliament.

Political ads that are deceptive and misleading interfere with the public’s ability to make informed decisions, but lying in political advertising remains perfectly legal. With the rise of social media and generative AI, democracies around the world are struggling to address disinformation and misinformation. Truth in political advertising laws are a possible, practical and popular measure to combat these emerging problems.