The case for truth in political advertising reform in Tasmania - Laws against misleading advertising are feasible
17 November 2022
This paper addresses the Tasmanian Government’s objections to legislating truth in political advertising laws as part of the review of the Electoral Act currently underway, namely that: • Truth in political advertising amendments would be out of scope of the current review of the Electoral Act and require additional consultation: The law review is broad in scope, and has already contemplated refor. [...] This has not occurred at this stage, given that the issue was considered to be out of scope of the Electoral Act Review and was not included in the draft bill which went out to consultation.6 The terms of reference for the review include ‘modernising’ the current Tasmanian Electoral Act, which is plainly broad enough to encompass truth in political advertising 6 House of Assembly (2022) Report of. [...] If the consequence of a positive prosecution for a breach of the truth in political advertising laws is formally disputed in an election through the Supreme Court, this could provide for potentially long periods of electoral uncertainty following the conclusion of each election.12 As mentioned above, the South Australian experience demonstrates that the Electoral Commission’s decisions are almost. [...] One of the terms of reference of this inquiry is the potential for truth in political advertising laws to enhance the integrity and transparency of the electoral system. [...] If we are returned, we will be working closely with the Electoral Commissioner to address some of the practical issues that the commission may face in the running of the scheme; but we support the amendment.20 Despite keeping the option open, the ACT Government has not so far felt the need to amend the laws.