Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

This bill that I present today, the Electoral Legislation Amendment (Electoral Communications) Bill 2025, reflects the government's very own bill that was introduced in December last year.

I introduce this bill now to ensure that there are no excuses in relation to delay, that the provisions to ensure we have guardrails around truth in political advertising can be in place in time for the next election.

We know that when it was introduced last term, the government, at the request of the Australian Electoral Commission, included a delay on implementation, arguing it would take time.

But now I would argue that by introducing this bill today, and passing it without delay at the beginning of this 48th Parliament, it provides enough time for the commission to implement it prior to the next election. So I do call on the government to make good its very own promises and its pledge during the 47th Parliament to do this very action.

This is the very first opportunity, so by putting it forward now we are really saying to the government there is no excuse but to get on with the job of putting guardrails around misinformation and disinformation in political advertising.

We know misinformation and disinformation in political advertising is a loophole that has been taken advantage of for too long. Politicians need to be held to the same standard as consumer laws. We know that we protect consumers from being scammed out of their money from misleading and deceptive advertising. It is time for political advertising to be held to the same standard.

Over the past three elections, we've seen a huge rise in misinformation and disinformation at election time, but we've also seen a rise of third-party organisations and external campaigners involved in our elections. All too often it is this astroturfing that leads to a huge amount of misinformation. These organisations are running a huge amount of advertising that is misleading and deceptive, but there is no accountability for these players.

There is no doubt this type of advertising influences voters, and yet there is no public accountability for them because there is simply no provision in our laws, which people are astounded to find out. Yet, 89 per cent of Australians, when surveyed, support truth in political advertising law. They support that political advertising should be held to the very same standard as all other advertising.

On top of that, we're now seeing the growth of AI and deepfakes in political advertising. We saw in 2022 the use of AI in depicting and changing imagery. We know you can create an ad through AI and deepfakes alleging that someone has said something that is completely false and fabricated, and there are no protections for voters. Again, to put up some guardrails and to protect our democracy, I call on the Albanese government to support this bill—this is their very own bill from the last parliament. We know that there is a huge amount of need for this because it has been recommended.

Joint standing committee

No doubt the Joint Standing Committee on Electoral Matters will review the latest election, but it has already recommended something based on the previous election's inquiry should be done around misleading and deceptive political advertising. We know there is a huge problem. The question is: is there a political will to fix it? There really is no excuse. There are three years ahead of us and there is an opportunity for the government to make good its promise to do this.

Other jurisdictions

We already know that around the world it is increasing. In the UK there is already an organisation pushing for there to be guardrails around misinformation in political advertising.

We know the Welsh parliament has also seen the introduction of legislation.

It exists in New Zealand.

We have it here in the ACT, and South Australia has it too.

There is no doubt there is a consensus for this. For example, we know deepfake videos are incredibly damaging and they spread like wildfire, and so unless guardrails are put in place we are going to see a continual erosion of trust in politics and the outcomes of elections.

There is no valid reason why political advertising should be held to a different standard to other advertising. We already have courts that can adjudicate on statements. And to be very clear, this does not outlaw or rule out opinions. Opinions can be expressed, but they need to be clearly identified as opinions and not fact. An excuse put forward is free speech. The High Court has said free speech is not the right to lie; it is not a right to mislead. That's why it is so important that we put these guardrails in place, because we are seeing the growth of so many other participants at our elections and they are not constrained by any provisions. There is simply no tool available to make sure they do not spread lies and misinformation. We know, for example, they don't have a candidate on the ballot paper, so they know they are not going to have any consequences or be exposed for lying. That is why it's so important that we do this. For example, too, Labor saw its own consequences in 2020 when one of Australia's first political deepfake videos emerged of the then Queensland premier, Annastacia Palaszczuk, claiming the state was 'cooked' and in massive debt. That was viewed one million times on YouTube. It is really important that we have these guardrails in place.

I can only say that, if the government chooses not to progress electoral communication reform in this term of parliament without delay—doing it very quickly now, before the end of this year, to ensure it can be implemented and in place in time for the next election—with its large majority and its capacity to pass this legislation in both houses already, it says it wants to lie to the Australian people. It wants to keep the loopholes going so that it can do misleading and deceptive advertising to the Australian people at election time. We know this is a loophole that political parties have enjoyed taking advantage of when it is convenient, but with the erosion of trust in politics, in outcomes of elections, in policy and in policy positions it is really important that we address this. I commend this bill to the House.

Marion Scrymgour (Lingiari, Australian Labor Party) Share this | Link to this | Hansard source

Is the motion seconded?

Kate Chaney (Curtin, Independent) Share this | Link to this | Hansard source

I second the motion. This bill is not just about electoral reform; it's about restoring integrity, trust and truth in our democracy and protecting voters. We've seen a steady decline over twenty years in voter satisfaction with democracy and trust in government and political efficacy, and allowing lies in political ads doesn't help.

The member for Warringah and I, along with other crossbench members, have long advocated for stronger safeguards against misinformation in political advertising. In the 47th Parliament, we pushed for legislation that would prohibit materially misleading electoral communications. The member for Warringah introduced two bills on this topic, and my Electoral Legislation Amendment (Restoring Trust) Bill and Electoral Legislation Amendment (Fair and Transparent Elections) Bill both addressed the issue too. The government did eventually introduce a bill to address this, but it lapsed with the dissolution of parliament, and the need for it has only grown more urgent. This is important unfinished business, so we're reintroducing the government's bill so we can get on with it. We need to do it now so it can be in place before the next election.

We need this bill to be debated and passed because lies in political advertising are corrosive. They distort public debate, manipulate voters and undermine the democratic process. In other areas of public communication, the public is protected. Whether it's consumer advertising or financial advice, there are laws against misleading communications. Yet in politics, where the stakes are high, we allow lies to flourish unchecked. In his submission to the Joint Standing Committee on Electoral Matters, Professor George Williams argues:

Truth is fundamental to democracy. When citizens cannot tell fact from fiction, and leaders spread falsehoods for political advantage, society as a whole is damaged.

This bill would prohibit materially misleading electoral content, including where AI or other digital technologies are used to mislead. It would also establish an electoral communications panel to oversee compliance and provide a fair, independent mechanism for enforcement. This would only apply to purported statements of fact. Parties and other political players would still be free to express their opinions. That's really important. Freedom of speech would not be impeded. This bill is based on a framework that has existed in South Australia for 25 years, and that law is seen as being proportionate and not in any breach of any freedoms. We're showing that it can be done. This is not a radical idea. The rise of deepfakes and synthetic media is not a distant threat; it is very much here now, and if we don't act now we risk losing the public's trust, not just in politicians but in the democratic process itself.

I commend the member for Warringah for her leadership and persistence on this issue, and I urge all members of this House to support this bill. Let's show Australians that we are serious about protecting democracy in the digital age.

Marion Scrymgour (Lingiari, Australian Labor Party) Share this | Link to this | Hansard source

The time allotted for this debate has expired. The debate is adjourned, and the resumption of the debate will be made an order of the day for the next sitting.