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Do we need Truth in Political Advertising laws?

I’ll be speaking at a webinar organised by the Centre for Comparative Constitutional Studies (CCS) from the University of Melbourne.

This webinar is being delivered live at 5.30pm AEST on June 20, 2024.  All are welcome, you can register by clicking on this link. The webinar will be recorded. 

Polling conducted after the 2022 election revealed that nine in ten Australians agree that truth in political advertising laws should be in place by the next election. In its Interim Report on the Conduct of the 2022 elections, the Australian Parliament made a formal recommendation that the Government develop legislation governing truth in political advertising.

In June 2023, the Albanese Government released an exposure draft of the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2023 (2023 Bill), which gives the Australian Communications and Media Authority new powers to regulate online platforms for the purpose of combatting information and disinformation. A public consultation took place from July through August 2023, which garnered over 2,000 public submissions and approximately 20,000 comments, with many expressing concerns that the 2023 Bill does not strike the right balance between combatting the harms flowing from disinformation and misinformation and the adequate protection of free speech.

While the 2023 Bill does not target truth in political advertising specifically, its scope reaches material covered by these types of laws. Reports suggest that a federal bill specifically targeting truth in political advertising could be introduced as early as this year.

In this discussion, our panellists consider the question of whether Australia needs a truth in political advertising law and, if so, what such a law should look like.

They will consider, among other issues, lessons from the implementation of South Australia’s truth in political advertising laws, the legal and political concerns that these types of laws raise, criticisms of the 2023 Bill from human rights experts and others, and Ireland’s recent effort to regulate truth in political advertising via its Electoral Reform Act 2022.