Rebekha Sharkie (Mayo, Centre Alliance) Share this | Hansard source

I second the motion and wholeheartedly support this bill moved by the member for Warringah, the Commonwealth Electoral Amendment (Stop the Lies) Bill 2022. Back in the eighties for a very short period of time we had federal truth in political advertising laws. Oh, the halcyon days of politics! At the time, the newly elected Hawke government moved the Commonwealth Electoral Legislation Amendment Bill 1983, and it was passed in 1983. The amendments made the publication of electoral advertising that were untrue, misleading or deceptive an offence punishable by six-months imprisonment or a fine. But, in true bipartisan nature, this act was abolished just a year later because it couldn't even stand the test of an election.

I'd like to reflect on the proud history in my home state. The South Australia Electoral Act 1985, to which the member for Warringah referred, prohibits inaccurate and misleading statements of fact in electoral advertising. The SA Electoral Commissioner can require an advertiser to withdraw or retract an offending advertisement. While it has not put an end to all of the dirty tricks and game playing that happens in campaigns completely, it has resulted in 313 complaints and 25 retraction requests relating to the electoral advertising between 1997 and 2018. The SA provision has withstood scrutiny, in Cameron v Becker, and is considered effective and valid. Indeed, the Australian Capital Territory modelled their own legislation on the South Australian act. It can be done, even here in Canberra.

The Australian Consumer Law requires that businesses do not engage in misleading or deceptive conduct which could lead another person into error. There is no tolerance for fake advertising about business products, but in federal parliament, in the federal political sphere, anything goes. False advertising in politics is not harmless puff. I should know, having been targeted by a false campaign during the 2022 election, as I'm sure many in this chamber have. I was fortunate that, in my case, most of my constituents could smell a rat, but my electorate was not the only one targeted. The Australian Institute 2022 federal election exit poll found that 73 per cent of voters encountered misleading political advertisements during the election campaign.

Allowing false electoral advertising to becoming increasingly pervasive with no checks and balances will create a free for all. It will be used to manipulate and mislead, and we really don't need that. We need to improve trust in politics and trust in political institutions. In this post-truth era for deepfakes and misinformation, the need for federal legislation such as the stop the lies bill is becoming increasingly pressing. I call on all members to debate this bill. Let's go back to 1983 and let's make it stick. I commend this bill to the House.

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