Truth rears its ugly head (21 May 2024)
Article summary: The recent release of private members' bills by independent federal MPs, including Kate Chaney and Zali Steggall, has reignited the debate on truth in political advertising in Australia. Special Minister of State Don Farrell indicated that discussions on this topic are ongoing with various MPs. This renewed interest follows the interim report of the Joint Standing Committee on Electoral Matters' inquiry into the 2022 federal election, which recommended legislating measures similar to South Australia's provisions on truth in political advertising.
Historically, federal attempts to enforce truth in political advertising have faced challenges. A 1984 provision in the Commonwealth Electoral Act, inspired by a 1917 regulation, was repealed within eight months. Current legislative efforts aim to address three main policy questions: the scope of prohibitions, enforcement mechanisms, and available sanctions.
Kate Chaney's Electoral Legislation Amendment (Fair and Transparent Elections) Bill proposes making it an offence to publish misleading or deceptive electoral matter, even if factually true but misleading in context. This approach aims to counter statements designed to create false impressions, though it introduces ambiguity in determining what constitutes an illegal statement.
Enforcement options include direct court actions by aggrieved parties, which could deter frivolous claims due to potential legal costs, and government regulators, though the Australian Electoral Commission (AEC) has expressed concerns about its ability to serve as an arbiter of truth. The AEC's head has publicly opposed this role, citing the risk of damaging public trust in the commission.
The committee's interim report highlights the South Australian model, which can take up to ten days to act on complaints, and suggests severe penalties, including disqualification from political office, to serve as a deterrent. Chaney and her supporters argue that robust penalties and rapid enforcement are crucial to maintaining electoral integrity and preventing the spread of false information during campaigns.
Related article: Why is it legal for politicians to lie? (3 Apr 2024)
