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Truth in Political Advertising Laws needed

The Federal Government has introduced a new bill aimed at tackling disinformation and misinformation on the Internet, marking a significant move to address harmful content that can lead to violence or escalate tensions, particularly from conspiracy theorists and fringe groups. This legislative effort comes at a time when false information has increasingly been recognized as a threat to public safety and democratic processes.

In parallel, Associate Professor Ng has partnered with The Susan McKinnon Foundation to explore the impact and functioning of “truth in political advertising” laws. This partnership has resulted in an interim report titled Truth in Political Advertising Laws: Operation and Effectiveness, based on interviews with 21 prominent figures including premiers, ministers, MPs, electoral commissioners, and political party officials from South Australia, New South Wales, and Victoria.

Associate Professor Ng highlighted the OECD’s warning on the “rapid and global spread of mis- and disinformation,” which presents a critical challenge to democratic debate by undermining the free and fact-based exchange of information. She also noted that false information can distort elections, suppress voter turnout, marginalize minority groups, and deepen political divides.

For nearly four decades, South Australia has successfully implemented truth in political advertising laws, and they have gained the support of both political leaders and electoral officials. Recently, the Australian Capital Territory introduced similar legislation, further spotlighting the potential for these laws to be expanded nationwide. Ng emphasized that it is time to consider a broader implementation of these regulations to safeguard democratic integrity across Australia.

However, despite these advances, most Australian states still permit false or misleading information in political advertising, leaving gaps that could continue to distort electoral outcomes and influence voter behavior. Ng’s research and advocacy point to the need for more comprehensive national legislation to address this ongoing issue.

18 October 2023 – Research conducted by the Australia Institute has revealed that over 60% of “No” voters expressed apprehension about the misinformation and disinformation spread on social media during the referendum campaign. Truth in Political Advertising Laws are needed in Australia.

An impressive 80% of this group calls for the implementation of truth-focused laws for political advertising prior to the expected 2025 federal election.

The Australia Institute’s specialized exit poll further demonstrates that an overwhelming 90% of Australians, regardless of their vote in the referendum or their political leanings, support the enactment of truth-centered political advertising regulations.

These results underscore the imperative for the federal parliament to follow the lead of South Australia and the ACT by establishing laws to safeguard voters from misleading and detrimental electoral practices.

Kalahari bushman and artist Bauxhau Stone in his Woolloomooloo studio. © Mark Anning photo 1988
Mark Anning photo ©

A substantial 87% of Australians concur that truth-centric political advertising regulations should be in place for the upcoming federal election campaign, with a mere 4% in disagreement.

Both “Yes” and “No” voters on the Voice issue overwhelmingly support the implementation of truth-based political advertising regulations for the next federal election campaign, with rates of 92% and 83%, respectively.

Approximately 72% of Australians express concerns about the proliferation of falsehoods and misinformation on social media during the referendum campaign, in contrast to a mere 17% who disagree.

Nearly 72% of Australians believe that it is now the responsibility of the Albanese Government to devise solutions to address the disparity, whereas 47% believe this duty falls on the “No” campaigners.

The Australia Institute conducted a distinct exit poll, surveying 1,547 Australians on the evening of Saturday, October 14th, with a focus on the Voice referendum and misinformation. The results were adjusted to reflect the most recent referendum tally.

“Misinformation and disinformation swamped the referendum campaign with arguments that often had little to do with what Australians were being asked to vote on”

“Whether it is an election or a referendum, voters should go to the polls armed with the facts. In Australia, it is perfectly legal to lie in a political ad – and it shouldn’t be.”

“If Australia is going to have a healthy democracy, we need to have healthy democratic debates.”

Dr Richard Denniss, Executive Director of the Australia Institute.

UNSW lecturer Dr Nicholas Richardson is an expert in advertising and political communications notes some issues with policing truth in political advertising.

“None of us like to see lies and deceitful behaviour by the parties who we trust to govern us. On the face of it, having a body like the Australian Electoral Commission assess political content for deceptive or incomplete facts makes sense.”

“However, the challenge is deciding what constitutes a fact or deciding what is the truth and then how you police that objectively and fairly.

UNSW lecturer Dr Nicholas Richardson

‘Stop the Lies bill’ voted on in Australian Parliament

28 November 2022Independent Member of Parliament, Zali Steggall tabled a Private Member’s Bill to ‘Stop the Lies’ to prohibit misleading or deceptive political advertising ahead of the Indigenous ‘Voice to Parliament’ Referendum. 

Zali Steggall said: “The Bill is sorely needed, as currently under Australian law it is perfectly legal to lie in a political ad.  Sadly, we’ve seen from past elections and plebiscites that scaremongering and disinformation can get in the way of a fair debate”.

The Commonwealth Electoral Amendment (Stop the Lies) Bill will prohibit misleading or deceptive political advertising in all Federal elections, including referenda.

Referenda are particularly vulnerable to misinformation and disinformation. Steggall points to baseless claims that the proposed Indigenous ‘Voice to Parliament’ would be a ‘third chamber’.

Steggall believes political and referendum debate should be a contest of ideas and opportunities, saying: “Australians want to make their voting choices on facts, not fear”.

Australia Institute petition

We Need Truth in Political Advertising Laws

To the Parliaments of Australia –

Australians want advertising to be truthful and transparent.

Political advertisements that are deceptive and misleading interfere with the public’s ability to make informed decisions.

We need truth in political advertising laws that are nationally consistent, constitutional, and uphold freedom of speech to be passed now more than ever.

Sign here: http://nb.australiainstitute.org.au/truth_in_political_ads?recruiter_id=159519 –

There is no law to stop politicians or third parties from lying during an election campaign

There is legislation that prevents misleading and deceptive advertisements by businesses and there are enforcement bodies in place monitor and respond to claims of misconduct. But there is no law or body to stop politicians or third parties from lying during an election or referendum campaign. 

Zali Steggall said. “I want to see politicians and political parties held to the same account as everyone else”

“The amendments proposed have been tried and tested as they are modelled on legislation that has been in place in South Australia for over 20 years and was adopted by the ACT last year. There is both a legislative and a normative preventative effect from this Bill”

“I urge the Government to get behind this Bill as a matter of urgency. It is imperative that these laws are passed in advance of the official launch of the Voice campaign”

The Stop the Lies Bill is modelled on state legislation from South Australia and Australian Capital Territory that have caught state-run political advertisements that were considered offensive.

“Public trust in politicians has been eroded over time, some of that erosion is due to their propensity to lie and the lack of accountability”

“I think this is vitally important for our democracy and 86% of the Australian public agree that truth in political advertising should be passed”.

Zali Steggall said.

The Brexit campaign in the UK is another example of the impact of misleading and deceptive communication in referendum campaigns.

A recent deceptive ad campaign by the Australian Christian Lobby also raised the issue of truth in political advertising in Tasmania.

Deceptive Australian Christian Lobby ad prompts call for new Truth in Political Advertising Laws

A political advertisement prominently published in The Mercury by the Australian Christian Lobby (ACL) has prompted calls for Truth in Political Advertising laws in Tasmania.

On 9 November 2022, The Mercury published an advert from Australian Christian Lobby that said “Plan to criminalise parents who question their children’s wish to change gender? Likely lose government!” with a link to the polling results.

“In an attempt to manipulate politicians and voters, the Australian Christian Lobby used polling to tell Tasmanians something that simply is not true”

“The Australian Christian Lobby’s misuse of polling to stoke fear, division and transphobia demonstrates that Tasmania needs truth in political advertising laws”

“The reality is that in Tasmania it is perfectly legal to lie in a political ad, and it shouldn’t be”

Eloise Carr, Director of the Australia Institute Tasmania

Truth in Political Advertising Laws needed after Australian Christian Lobby misinformation campaign
False claims in this political advertisement by the Australian Christian Lobby has prompted calls for advertising law reform

The Australian Christian Lobby have reached new lows, sending false information to Tasmanians that claims “The Tasmanian government is considering new laws to make it illegal for parents or grandparents to question their child’s intention to change gender.”

“This is not true. It is not a subjective interpretation. It is a lie”

says Cassy O’Connor MP, Greens Leader in Tasmania

The Tasmanian Law Reform Institute (TLRI) has proposed reforming Tasmanian law to address sexual orientation and gender identity (SOGI) conversion practices; these practices treat LGBTQA+ status as a dysfunction that can be suppressed or changed.

The TLRI recommends that it should be an offence to proscribe SOGI conversion practices that cause (or a person was reckless about causing) serious physical or mental harm.

Conversion practices aim to change, suppress or eradicate people’s sexual orientation or gender identity. They would include, for instance, subjecting a person to ‘therapy’, ‘counselling’, or ‘treatment’ to change who they are attracted to, or how they feel about or express their gender to others.

Contemporary science has discredited and disproved conversion practices and the beliefs that motivate them. The mainstream medical consensus is that:

  • LGBTQA+ attributes are not faults or dysfunctions;
  • Conversion practices are not safe or effective;
  • Conversion practices involve clear risks of severe and lasting harm to people subjected to them.

The Premier has said that he will consult and take advice before introducing legislation that gives effect to TLRI’s recommendations.

The Australian Christian Lobby (ACL) conducted polling in Tasmania in September–October 2022 that claimed: “the Tasmanian government is considering new laws to make it illegal for parents or grandparents to question their child’s intention to change gender” — this is not true, says the Australia Institute.

Truth in Political Advertising Laws have been in operation in South Australia since the 1980s and was used as the model for the Truth in Political Advertising laws which were passed in the ACT Legislative Assembly in 2021. Such legislation has bipartisan support in Victoria, and Queensland is also considering similar legislation.

“South Australia has had truth in political advertising laws since the 1980s, the ACT recently legislated them and Victoria has bipartisan support to do the same”

“The review of the Electoral Act gives the Tasmanian Parliament the opportunity to bring in these vital laws and stamp out misleading advertising”

said Bill Browne, Democracy & Accountability Program Director at the Australia Institute

“The evidence is clear that conversion practices not only do not – and cannot – work, but they are also deeply harmful and traumatising”

“Parents will not be able to send their children to quacks who purport to be able to change sexuality or gender identities – just like parents cannot send their child to a quack for trepanning or bloodletting.”

“These are not health practices that work, and they in fact cause harm.”

“If the Australian Christian Lobby truly believe their position has public support this raises the question, why do they feel the need to lean on such a manifest lie?”

“We are witnessing the hysterical death throes of an increasingly irrelevant ACL, which is intent on causing as much destruction as it can while it staggers gracelessly into hateful obscurity”

said Cassy O’Connor MP.

Who is Australian Christian Lobby?

The Australian Christian Lobby is a  anti-LGBTQ+ group, a public company, and its funding mostly comes from individuals. ACL is a right-wing conservative Christian advocacy organisation based in Canberra, Australia.

ACL was founded in 1995 as the Australian Christian Coalition, modelled on the Christian Coalition of America, and changed its name to the Australian Christian Lobby in 2001. Board members and donor information is kept confidential.

Martyn Iles is the current managing director of the Australian Christian Lobby (ACL). Mr Iles endorsed former President Donald Trump’s unfounded claims the US election was stolen, saying of the left, “Do you really think that they wouldn’t have a little tamper with a vote? Of course they would.”

Lyle Shelton, former Managing Director of the Australian Christian Lobby and head of their campaign against marriage equality, resigned his position in 2018 to run for the senate with Cory Bernardi’s Australian Conservatives, but failed to attract enough votes.

Shelton said that his political party had been a force of influence on the coalition, forcing them to take a more hardline approach on religious freedom, and preserving the power to “positively discriminate” against LGBTI students and teachers.

Many Christians distance themselves from ACL’s positions. During the marriage equality debate, the ACL lobbied the “No” case, despite one poll finding the majority of Christians supported “Yes”.

ACL lobbied for a plebiscite on same sex marriage in Australia, and when a plebiscite was finally held in 2017, of the eligible Australians who expressed a view on this question, the majority indicated that the law should be changed to allow same-sex couples to marry, with 7,817,247 (61.6%) responding Yes and 4,873,987 (38.4%) responding No.

After the plebiscite was held, “Eat Shit Lyle” trended on Twitter.

ACL campaigned against the ‘Change or Suppression (Conversion) Practices Prohibition Bill 2020‘ in the Victorian parliament. Other theologians and pastors argued the legislation would protect LGBTQ people’s religious freedom and their lives.

Australian Christian Lobby faced complaints about flyers targeting MPs who opposed religious discrimination laws during the 2022 federal election.

Australian Christian Lobby flyers targeting moderate Liberals who crossed the floor to amend the religious discrimination bill to protect LGBTIQ+ people prompted complaints to the charities regulator that argue the material breaches rules on political campaigning.

Leaflets distributed by the ACL depict Liberals Trent Zimmerman, Dave Sharma, Bridget Archer, Fiona Martin, and independent MP Rebekha Sharkie driving a wrecking ball into a church or school. The MPs voted for amendments to the religious discrimination bill aimed at protecting LGBTIQ+ students to the Sex Discrimination Act.

Australian Christian Lobby listed as far-right hate & extremism group

Australian Christian Lobby were among 20 groups identified as Australian far-right hate and extremism groups in a report by global anti-hate think tank, Global Project Against Hate and Extremism (GPAHE).

GPAHE was created by the civil rights group Southern Poverty Law Center, which identifies and chronicles transnational hate groups.

The Australian Christian Lobby was included in the “Far-right Hate and Extremist Groups“ report for it’s anti-LGBTIQA+ ideology, opposition to same-sex marriage, LGBTIQA+ surrogacy and adoption rights, and it’s attacks on the trans community. 

Australian Christian Lobby response to GPAHE report

“The Christian faith, to which the Australian Christian Lobby (ACL) is committed to, has, as one of its main tenets, the understanding that human beings are made in the image of God. This affords every person respect. We are called to love others and to serve. Having different opinions on gender, sexuality or life, is not an evidence of hatred or bigotry. ACL works with people from different backgrounds and who have differing opinions. A truly liberal democracy must allow competing worldviews to co-exist. If we label people we disagree with on religious, moral or ethical matters as hateful or intolerant, the world will become a small, sad and dangerous place. ACL remains committed to listening to, and respecting, every Australian, including those we may disagree with.”

More Australian Politics features

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