The Electoral Legislation Amendment (Electoral Communications) Bill 2025 strengthens the integrity of federal elections and referendums by prohibiting the authorisation of campaign material that is materially misleading or inaccurate, including AI-generated “deepfakes”. It also requires disclosure when electoral content has been substantially created or modified by digital technology and establishes an independent Electoral Communications Panel within the Australian Electoral Commission to administer civil penalties.
It repeals the three-day broadcast blackout for election and referendum advertising, applies updated definitions and authorisation rules in the Commonwealth Electoral Act 1918 and Referendum (Machinery Provisions) Act 1984, and provides transitional arrangements and ministerial powers for legislative instruments.
From the explanatory memorandum:
Schedule 1 amends the Commonwealth Electoral Act 1918 to:
- prohibit the authorisation of electoral matter containing written, visual or audio content that is inaccurate and misleading to a material extent;
- require disclosure of content substantially or entirely created or modified by digital technology (including AI);
- establish an independent Electoral Communications Panel within the AEC to investigate and enforce new civil penalties;
- update key definitions (e.g. news media, authorisable electoral matter) and clarify authorisation rules for persons and entities.
Schedule 2 makes parallel amendments to the Referendum (Machinery Provisions) Act 1984 to extend the new prohibitions, disclosure requirements and panel functions to referendum communications.
Schedule 3 repeals the prohibition on licensed broadcasters and SBS from airing election or referendum advertising in the last three days before polling, ensuring parity across media services.
Schedule 4 grants the Minister power to make transitional, saving and application instruments and stipulates that expenditure under the Act is drawn from parliamentary appropriations.
This Bill defends the core democratic principle that voters must make choices based on truthful information. By outlawing materially misleading statements and AI-deepfakes in paid or authorised campaign materials, it reduces the risk that falsehoods will skew electoral outcomes. An independent Electoral Communications Panel ensures impartial enforcement and timely correction of misinformation during the critical election period, thereby reinforcing public trust in our institutions [Judgment].
Moreover, requiring attribution when content has been substantially created or altered by digital technology promotes transparency and media literacy. When citizens know that an image or voice has been generated or modified by AI, they can scrutinise and verify it more effectively, elevating the quality of policy debate and reducing cynicism. In sum, the Bill fosters a more informed electorate and upholds the integrity of our political discourse.
Even granting the goal of reducing deception, the Bill’s terms—such as “inaccurate and misleading to a material extent”—are inherently subjective and risk uneven enforcement. Campaigners may face uncertainty over what crosses the threshold, chilling legitimate political speech and debate [Judgment].
Entrusting enforcement to a panel of part-time appointees, however independent, creates procedural complexity and potential delays. Politically motivated complaints could tie up resources in court challenges, diverting the AEC from its primary role of conducting elections. At worst, this framework may become a tool for partisan actors to weaponise civil penalties against their opponents.
2025-07-30
Senate
Before Senate
POCOCK, Sen David
Unspecified
Democratic Institutions, Media / Advertising, Civics