13 September 2024
Concern about the truthfulness of political communication has increased significantly in recent years, as untruths can undermine the ability of citizens to make informed choices in casting their votes, and is detrimental to electoral integrity and democratic processes.
South Australia and the Australian Capital Territory have enacted ‘truth in political advertising’ laws to prohibit false or misleading political advertising, such as campaign advertisements.
Objectives
The Susan McKinnon Foundation has partnered with Associate Professor Yee-Fui Ng to examine the effect, operation, and administration of ‘truth in political advertising’ laws.
The interim Truth in Political Advertising Laws: Operation and Effectiveness report (Interim Report) is based on 21 interviews with various stakeholders involved in truth in political advertising laws (such as current and former premiers, ministers, MPs, electoral commissioners, political party directors/secretaries, and civil society groups) and were concentrated in South Australia, but also includes interviewees from NSW and Victoria.
Key findings
The Interim Report makes a number of key findings.
South Australian interviewees:
- generally supported ‘truth in political advertising’ laws
- considered that the laws have changed the face of electoral campaigning in South Australia
- considered that the Electoral Commission of South Australia’s reputation for impartiality has been unaffected by administering ‘truth in political advertising’ laws, and the Electoral Commission continues to enjoy strong public confidence
- consider that ‘truth in political advertising’ laws have increasingly been used as a political tool, and that they may not adequately deal with matters such as misinformation/disinformation and artificial intelligence.
There are various findings in relation to interviewees from other jurisdictions without ‘truth in political advertising’ laws:
- interviewees expressed reservations about ‘truth in political advertising’ laws (e.g. on the basis that they are unnecessary, burdensome, or may have unintended consequences)
- political participants noted that they still aim to ensure the accuracy and truthfulness of their advertising and campaign material
- electoral commissions noted concerns about ‘truth in political advertising’ affecting their impartiality and drawing their resources away from administering elections.
Next steps and further information
Following additional interviews and further consultation, a final report will be delivered that will provide recommendations on the design, operation and effectiveness of truth in political advertising laws.
For further information about the Interim Report or this research project, please contact the Susan McKinnon Foundation (e: info@susanmckinnon.org.au) or Associate Professor Yee-Fui Ng (e: YeeFui.Ng@monash.edu).