The Electoral Legislation Amendment (Electoral Communications) Bill 2025 strengthens the integrity of federal elections and referendums by banning the authorisation of materially inaccurate or misleading written, visual or audio campaign material, requiring disclosure of AI-created or modified content, and establishing an independent Electoral Communications Panel within the AEC to enforce civil penalties. It also repeals the prohibition on broadcasting election or referendum advertising during the final three days before polling.
The Bill amends the Commonwealth Electoral Act 1918 to prohibit any person or entity from authorising electoral matter that contains a written statement, visual depiction or audio depiction purporting to be factual but which is inaccurate and misleading to a material extent. It introduces new civil penalty provisions (up to 1,000 penalty units) in a new Part XXB and establishes an Electoral Communications Panel within the Australian Electoral Commission, empowered to investigate complaints, publish decisions, and request retractions or removals enforceable by the Federal Court. The Bill also mandates that authorisations disclose when content has been substantially or entirely created or modified using digital technology (including AI).
Schedule 2 extends equivalent prohibitions and the Panel’s functions to referendum matter under the Referendum Act 1995. Schedule 3 amends the Broadcasting Services Act 1992 and the SBS Act 1991 to repeal the three-day blackout on election and referendum advertising, aligning broadcast rules across media. Schedule 4 grants the Minister power to make transitional, application or saving rules to support implementation from 1 January 2026 and upon Royal Assent as specified.
Misleading or fabricated campaign content undermines voters’ ability to make informed choices and erodes public trust in democratic institutions. By targeting materially inaccurate communications and requiring clear disclosure of AI-manipulated material, the Bill promotes transparency and helps ensure that election outcomes reflect genuine public will [Judgment].
Establishing an independent Electoral Communications Panel within the AEC creates a focused, impartial mechanism to investigate complaints, publish findings, and order corrections or removals of harmful content with enforceable civil penalties. The scheme is narrowly tailored—applying only to authorisable electoral matter during defined periods and exempting opinion, satire, academic, news media and private communications—so it balances free expression with the vital need to protect the integrity of Australia’s elections.
Although well intentioned, the Bill risks chilling legitimate political expression by criminalising any “inaccurate and misleading” statement to a “material extent”, a standard that is vague and may prompt cautious self-censorship or legal challenges by minor parties and community groups uncertain about compliance [Judgment].
The new Panel’s broad investigatory powers, high civil penalties and accelerated decision timelines could entangle ordinary campaign activities—especially grassroots and volunteer-led efforts—in costly procedures. Existing defamation and consumer protection laws already address the most harmful false claims, so overlaying a bespoke electoral regime may add complexity without proportionate benefit to electoral integrity.
2025-07-28
House of Representatives
Before House of Representatives
STEGGALL, Zali, MP
Unspecified
Democratic Institutions, Media / Advertising