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17 DEC 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.
With the support of McKinnon, Associate Professor Yee-Fui Ng has examined the effect, operation, and administration of ‘truth in political advertising’ laws.
Following the release of the interim Truth in Political Advertising Laws: Operation and Effectiveness report in September 2024, the final report has now been released.
The final report is based on 34 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, Victoria, and the Australian Capital Territory.
The final report makes various findings and 25 recommendations about the design, operation and effectiveness of ‘truth in political advertising’ laws, as well as other mechanisms to support better quality information in electoral campaigns and political communication, including that:
‘truth in political advertising’ laws should remain focussed on false and misleading statements of facts, not encompass opinions or predictions, and apply broadly to political advertising in all forms
there should be mechanisms to support the laws, such as education and training of political participants to ensure knowledge and awareness, and a public website
the laws should include appropriate enforcement mechanisms and sanctions
further reform options for consideration include regulating the use of materials relating to electoral campaigning / political communication that are generated by artificial intelligence.
For further information about the final report or this research project, please contact McKinnon or Associate Professor Yee-Fui Ng (e: [email protected]).
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