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South Australia’s chief election officer says that policing truth in political ads is difficult and frequently draws electoral officials into partisan discussions, away from their other responsibilities.
The comments of Commissioner Mick Sherry came days after Prime Minister Anthony Albanese said he would consider the model already in place in the southern state.
Sherry claimed that during the South Australian election in March, complaints soared to the point where he was spending the vast majority of his time on truth-in-advertising issues.
If an election ad in South Australia contains a statement that is “purporting to be a statement of fact that is false and misleading to a considerable extent,” anybody who authorizes, causes, or permits the publication of the advertisement is guilty of an offense.
This policy applies to TV, radio, corflute boards and social media, but not to political conversations, speeches, interviews or newspaper articles.
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At a parliamentary hearing investigating the federal election in May, Sherry said the commissioner’s function would cause him to be drawn into the political discourse and raise questions about his impartiality.
Sherry said, “I will, of course, write to the complainant advising I’ve made that decision … quite often what happens within half an hour of me sending that letter, the complainant is in front of the media holding up my letter to say ‘look at my opponent, he’s a liar, she’s a liar, how can you trust that person?.”
“We are drawn into that and that places me and the commission in a difficult situation.”
According to Sherry, the state election in March garnered 122 complaints concerning deceptive advertising, an increase from the 2018 total of 38 complaints.
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The chief election officer said the “quite powerful” legislation in his state gave him sole authority over any decisions involving misleading ads.
“Running an election you’re responsible for the conduct of so many different parts I’m drawn away from the many other parts of the election to focus on this piece … I find that quite challenging,” said Sherry.
On Tuesday, Albanese told the parliament that the federal election system could learn something from the South Australian model.
The PM said, “Our democracy is precious and it is important that in the referendum, in particular, but all elections and al l deliberations in which the Australian people have a say, that there be truth in what is put forward.”
Jaw de Guzman is the content producer for Comms Room, a knowledge platform and website aimed at assisting the communications industry and its professionals.
