Unlike businesses, political parties in Australia face no consequences for running false ads.
This week, Community Strong Australia MP Zali Steggall re-introduced a truth in political advertising bill to federal parliament to try to change that.
If passed, the bill would also require parties to disclose the use of AI-generated images.
Steggall would need the Government’s support to pass the bill.
Background
All political advertising in Australia must be authorised, meaning it must state who is responsible for publishing it.
The Australian Electoral Commission
(AEC) says this process exists so political ads are transparent, accountable, and traceable.
There are some basic rules. For example, electoral ads can’t lie about the voting process. In general, though, the rules are not there to fact check.
The AEC says elections are “a contest of ideas and it is the role of each voter to take the time to consider if the information is reliable”.
This means political advertising is not covered by the same false advertising rules that apply to commercial ads.
Companies can be penalised for misleading customers, but political parties cannot be penalised for misleading voters.
This isn’t the case in all jurisdictions. South Australia and the ACT have laws about truth in political advertising at the state/territory level.
Labor had a bill before Parliament before the last election to require truth in political advertising, but it did not proceed.
New bill
This week, Steggall introduced a bill to require truth in political advertising for the fifth time in five years.
The 2026 version of her bill would:
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- establish an independent Political Advertising Standards Board with the power to order corrections and issue fines up to $300,000,
- require all political ads to meet a factual accuracy code,
- and force advertisers to label any content that has been generated or manipulated by AI.
Examples
During the 2019 federal election, the Coalition ran a campaign claiming Labor would introduce a “death tax” on inheritances. Labor had no such policy at the time.
The claim spread across social media, radio ads, and robocalls.
Labor could not force a correction or retraction because the ads were completely legal.
Argument against
Australia’s Constitution doesn’t have a written right to free speech, though in 1992 the High Court found there is an implied freedom of political communication.
The implied freedom stops Parliament from restricting political debate. There are concerns that legislating against false ads would breach that freedom.
However, some legal experts suggest a well-drafted, targeted law could survive a High Court challenge, as it has in South Australia for decades.
Response
Polling from the Australia Institute in 2019 showed 87% of Australians supported truth in political advertising laws.
When Steggall raised the bill in Question Time this week, Prime Minister Anthony Albanese said the issue of political advertising is “very real” and that the issue of AI is “something that should be of concern across the Parliament”.
Steggall will need the support of the Government to pass the bill. It is rare for any Government to support a non-Government member’s bill.
