Report – Monash University, 17 December 2024

Truth in political advertising laws: design, operation, effectiveness and recommendations for reform

Truth in political advertising (TiPA) laws seek to protect the integrity of the electoral process from the growing threat of disinformation. This report argues in favour of expanding TiPA laws, finding they are effective and especially appropriate in the Australian context of compulsory voting.

South Australia and the Australian Capital Territory have enacted TiPA laws to prohibit false or misleading political advertising, such as campaign advertisements.

This final report is based on 34 interviews with various stakeholders such as current and former premiers, ministers, MPs, Electoral Commissioners, political party directors/secretaries, and civil society groups from South Australia, the ACT (which had TiPA laws in place for the first time at its recent election), NSW and Victoria.

The final report makes a number of key findings and 25 recommendations about the design, operation and effectiveness of TiPA laws as well as other mechanisms to support better quality information in electoral campaigns and political communication.

Key findings

  • Where TiPA laws are in place, they have a positive impact on the accuracy of political advertising.
  • The narrow scope of existing TiPA laws limits their effectiveness.
  • The rise of social media and AI-generated content presents significant challenges to the enforcement of TiPA laws.
  • Concerns exist regarding the potential for misuse of TiPA laws for political purposes.

Key recommendations

  • Expand the scope of TiPA laws to encompass all forms of political advertising, including online media, AI-generated content and material distributed by third-party campaigners.
  • Increase the penalties for breaches of TiPA laws.
  • Expand the temporal coverage of TiPA laws beyond the election period.
  • Implement measures to address the spread of disinformation on social media platforms.
  • Invest in public education initiatives to enhance media literacy and empower citizens to identify and critically evaluate political information.
  • Empower the TiPA regulator to dismiss vexatious complaints.

Read the full report here: https://apo.org.au/sites/default/files/resource-files/2024-12/apo-nid329295.pdf