Under current Australian law it is perfectly legal to lie in a political advertisement.
We have well established laws to protect consumers from misleading advertising. We recognise the importance of protecting consumers from scams and unfounded claims. Yet we do not apply the same protections to voters.
In consumer advertising, claims need to be true, accurate and based on reasonable grounds. Any claims advertised must be able to be proved. Yet politicians and political advertising are not held to the same standard. Are our voting rights not as important as our consumer rights?
The recent Voice to Parliament referendum brought out some of the best and worst of political debate. As campaigning rolled out, there was concern from both the Yes and No supporters about misleading and deceptive advertising. Voters of all persuasions want political advertising standards brought in to line with consumer advertising.
The feedback from the referendum is very similar to Australia Institute polling following the last election suggesting almost three quarters of Australians came across advertisements they knew to be misleading during the 2022 election. If we look back a little further, examples of disputed claims such as ‘death taxes’ during the 2019 election campaign and ‘Mediscare’ in 2016 spring to mind.
Currently under Australian law it is perfectly legal to lie in a political advertisement. Misleading and deceptive advertising can lead to scaremongering and distractions getting in the way of a fair debate, so it’s no wonder public trust in politicians has been eroded over time.
All major parties have at some time taken advantage of the low standards and cry foul when the other side does it. Voters of all persuasion want political advertising they can trust.
A recent poll by the Australian Institute showed 87% of voters agree that truth in political advertising laws should be in place in time for the next federal election campaign. It’s time the Government and opposition acted on their voters’ wishes.
I have introduced a private member’s bill to stop the lies, now titled “Voter Protections in Political Advertising” to regulate misleading or deceptive political advertising, including deep fakes, and am calling on the Albanese Government to support my bill or introduce similar legislation. They have delayed long enough.
This style of voter protection legislation is not without precedent. South Australia’s truth-in-political-advertising provision has successfully operated since 1985 and survived constitutional and legislative scrutiny.
The growing quantity of false political advertising poses a real threat to our democracy. Freedom of speech comes with responsibility and should not be a free pass for political campaigners and third party organisations to intentionally misinform and lie with impunity.
One of the major voices against protecting voters from misleading political advertising are regular offenders: Advance Australia. As third party organisations get more and more influential in election and referendum outcomes, it is vital for future elections, debates and key policy decisions that political advertising be cleaned up.
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