Australia – Monash: Truth in political advertising laws: operation and effectiveness

Truth in political advertising (TiPA) laws seek to protect the integrity of the electoral process from the growing threat of disinformation. This interim report examines the effect, operation, and administration of existing laws as well as the perceived impact in areas where they are not yet in place.

The focus is on South Australia where TiPA laws have been in place since 1985 and includes findings from New South Wales and Victoria (jurisdictions without TiPA laws).

Key findings

Where TiPA laws are in place:

• they are generally well-supported,
• they are seen to have changed the face of electoral campaigning for the better,
• the Electoral Commission’s reputation for impartiality has not been affected,
• the laws have increasingly been used as a political tool, and
• may not adequately address misinformation, disinformation and artificial intelligence.

Where TiPA laws are not in place:

• interviewees expressed reservations about the need for and utility of such laws,
• political participants say that their advertising and campaign material already meet high standards of truthfulness, and
• Electoral Commissions noted concerns that TiPA laws would affect their impartiality.

Following additional consultation, a final report will be delivered providing recommendations on the design, operation and effectiveness of TiPA laws.