What are the current rules on truth in political advertising?
Pharmaceutical companies cannot claim to have the cure for cancer. Food companies cannot claim that sugary foods are good for kids. Lawyers cannot say that they will win every case. But under the Electoral Act, politicians can lie about their opponents’ policies—or about their own.
For decades, politicians have argued that it is too difficult to regulate political communication—and, admittedly, some attempts have failed. But a model that has been working quietly in South Australia for almost four decades provides a way forward.
If the Government and Parliament are serious about addressing misinformation and improving debate, they could pass truth in political ad laws in time for the next election.
Truth in political advertising laws work in South Australia and the ACT
South Australia has had truth in political advertising laws for almost forty years. The ACT has had similar laws since 2020; the first election with those laws in effect will occur in late 2024.
How do these laws work?
Section 113 of SA’s Electoral Act 1985 makes it an offence to authorise or cause to be published electoral advertisements that are materially inaccurate and misleading, with similar wording in the ACT. These laws are overseen by the relevant electoral commission. The Electoral Commission of South Australia only needs about five staff to handle all election complaints. This is a tiny fraction of the thousands of people needed to run an election.













