Susan McKinnon Foundation Media Release

South Australia’s truth in political advertising (TiPA) laws enjoy widespread support among the state’s political establishment, contrasting with concerns raised about the prospect of TiPA laws in other jurisdictions, according to new research supported by the Susan McKinnon Foundation.

The study involved conducting in-depth interviews with a range of current and former MPs (including premiers and ministers), party officials, electoral commissioners, and civil society organisations in South Australia and other jurisdictions to gain insights about TiPA laws. (See full list below).

SA participants noted TiPA laws had undoubtedly changed the electoral campaigning, with state party directors working with lawyers to closely scrutinise the wording of all political ads to ensure they are accurate.

Electoral commissioners from jurisdictions outside of South Australia expressed concerns about administering TiPA laws due to the fear of their impartiality being affected and being distracted from their main task of delivering an election. However, South Australian participants in the study were unanimous that the South Australian Electoral Commission’s reputation for impartiality over time has been unaffected by administering TiPA laws, and that the Electoral Commission continues to enjoy strong public confidence for neutrality.

South Australian participants were furthermore unanimous that the TiPA laws have had no ‘chilling’ effect on freedom of speech over the 39 years they have been in effect. This could be because the laws are narrowly formulated to statements of fact, rather than opinions or predictions.

What some of those interviewed said:

Former SA Premier Mike Rann: “Why should consumers and shareholders be protected from fraudulent and dishonest claims but not electors? Why don’t you want electors to be able to make their judgements and cast their votes on the basis of facts and truthful arguments rather than deliberate falsehoods?”

South Australian Electoral Commissioner Mick Sherry: “The truth in political advertising laws work well and are effective… The Commission has and continues to hold a very high regard in the community and in the political parties.”

Kiera Peacock, Marque Lawyers: “In jurisdictions without TiPA laws, there was little that anyone could do about disinformation unless the conduct was defamatory or somehow violated discrimination laws.”

Dr. Catherine Williams, Executive Director of Centre for Public Integrity: “Truth in political advertising laws can shift political culture… the culture is such that misleading and deceptive advertising is not an issue in the same way it is in the federal jurisdiction and other jurisdictions.”

List of interviewees for the report:

South Australia

• Jay Weatherill (Former Premier)
• Mike Rann (Former Premier)
• John Rau (Former Deputy Premier and Attorney-General)
• Josh Teague (SA Member of Parliament)
• Mick Sherry (Electoral Commissioner)
• David Gully (Former Deputy Electoral Commissioner)
• Aemon Bourke (Labor Party State Secretary)
• Sascha Meldrum (Former Liberal Party State Director)
• Sam Hooper (Lawyer and Liberal Party Volunteer)

Other jurisdictions

• Nathan Rees (Former NSW Premier)
• Chris Rath (NSW Shadow Special Minister of State)
• Dominic Ofner (NSW Labor Party Secretary)
• Matt Phillips (New South Wales Electoral Commissioner)
• Chris Stone (NSW Liberal Party State Director)
• Denis Napthine (Former Victorian Premier)
• Sven Bluemmel (Victorian Electoral Commissioner)
• Liz Williams (Former Victorian Deputy Electoral Commissioner)
• Dee Madigan (Founding Partner, Campaign Edge)
• Bill Browne (Australia Institute)
• Catherine Williams (Centre for Public Integrity)
• Kiera Peacock (Marque Lawyers)