Monash expert: Why political advertising laws need an overhaul

Monash University

A conservative activist group has distributed flyers attacking an independent candidate in Victoria before the start of this year’s federal election campaign to avoid a ban on misleading campaign material once the poll has been called.

Associate Professor Yee-Fui Ng, Law Academic says:

“The Electoral Act prohibits the publication of material likely to mislead or deceive an elector in casting their vote.

“(But) the Electoral Commission has interpreted this provision narrowly, to only apply during the election period. This means that the Wannon ad will be distributed for months without repercussion.

“This is unacceptable and inadequate. Voters should not be allowed to be misled, just because of a technicality of being outside the six week window of an election.

“The Electoral Act should be reformed and expanded.

“First, it should clearly specify that the provision on misleading electors in casting their vote applies to any material calculated to affect the result of an election, not just during the electoral period.

“Second, broader truth in political advertising provisions should be introduced. This would cover a broader range of factually misleading ads beyond the narrow ambit of misleading a voter in casting their vote.

“In an era of permanent campaigning, voters can be influenced in their voting decision by political messages received well before the campaign period.

“Mis- and disinformation are the most severe risks facing the world over the next two years.

“False information can alter elections, affect voting participation, silence minorities, and polarise the electorate. It is time to reform our electoral laws to mitigate the significant risks to our democratic system.’’

 

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