This bill did not become law and is no longer proceeding.
Government & democracy
Political ads and referendum ads would be banned if they make factual claims that are seriously misleading or likely to seriously mislead voters.
A High Court ruling left federal law covering only the act of casting a vote, leaving a gap for misleading factual campaign claims and fake material impersonating candidates or parties. This bill expands the law so the Electoral Commissioner can investigate, order retractions or corrections, and take serious breaches to court.
Federal truth-in-political-advertising laws briefly existed in 1983 before being repealed a year later, and by the 2022 election the AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. was relying on platforms to remove false election material because federal law did not directly police misleading factual campaign claims or fake material impersonating candidates and parties. Against that backdrop, Zali Steggall introduced the Stop the Lies bill in November 2022 as a response to growing misinformation risks and the approaching Voice referendum, but the bill later fell off the Notice PaperThe list of business Parliament plans to deal with; when the bill fell off it, the bill stopped progressing. while the AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. instead explored outside fact-checking arrangements ahead of the 2023 vote.
The main criticism is that giving the Electoral Commissioner power to rule on whether campaign claims are seriously misleading could chill political speech and pull the election umpire into heated arguments over contested facts. No party represented in the debate opposed the bill in publicly available sources here, so this remained a limited, mostly general concern about free expression and enforcement discretion rather than a broad public campaign against the bill.
Zali Steggall MP introduced this bill. Speeches supporting it came from Centre Alliance, some crossbench members.
Did it become law?
No
The bill did not complete passage through Parliament.
Final passage
No final passage
The bill has not completed passage and is no longer proceeding.
Time before failure
246 days
From introduction to the final recorded step before the bill stopped proceeding
Meaning
Political ads and referendum ads would be banned if they make factual claims that are seriously misleading or likely to seriously mislead voters.
Fake campaign material would be banned if it pretends to come from a candidate, party, campaigner or other person when it really comes from someone else.
The Australian Electoral CommissionerThe head of the AEC, who this bill would give power to order corrections, publish retractions and pursue serious breaches. would be able to investigate suspected breaches, order retractions, publish corrections and take complaints to court, while weak or abusive claims could be thrown out.
The rules would apply all the time, not just during an election campaign, so misleading federal election and referendum material could be tackled between polls as well.
The bill would target factual claims in authorised campaign material, not opinions, which narrows how far the law reaches into political debate.
The Bill prohibits electoral or referendum matter that contains a statement in relation to a matter of fact that is misleading or deceptive to a material extent; or is likely to mislead or deceive to a material extent.Commonwealth Electoral Amendment (Stop the Lies) explanatory memorandum
The Bill also prohibits persons or bodies corporate from deceptively impersonating, or falsely attributing material to, a person, candidate, campaigner, party, or entity.Commonwealth Electoral Amendment (Stop the Lies) explanatory memorandum
The Bill invests the Electoral Commissioner with the power to investigate possible breaches, order retractions, publish corrections, and pursue a complaint through the courts. The Bill also allows a person to refer a possible breach to the Electoral Commissioner and the courts, but provides that any application that is frivolous, vexatious, misconceived, or lacking in substance may be dismissed.Commonwealth Electoral Amendment (Stop the Lies) explanatory memorandum
The Bill applies at all times. The harms of misleading or deceptive electoral or referendum matter are not limited to election campaigns; rather, they can occur before and after writs are issued. The Bill therefore covers the entire period between elections or referenda. This is necessary to effectively protect the election information environment from misinformation and disinformation.Commonwealth Electoral Amendment (Stop the Lies) explanatory memorandum
The Bill only applies to misleading or deceptive statements in relation to a matter of fact. It does not apply to expressions of opinion. This is also necessary to ensure the constitutionality of the Bill (see below).Commonwealth Electoral Amendment (Stop the Lies) explanatory memorandum
Context
Federal truth-in-political-advertising laws briefly existed in 1983 before being repealed a year later, and by the 2022 election the AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. was relying on platforms to remove false election material because federal law did not directly police misleading factual campaign claims or fake material impersonating candidates and parties. Against that backdrop, Zali Steggall introduced the Stop the Lies bill in November 2022 as a response to growing misinformation risks and the approaching Voice referendum, but the bill later fell off the Notice PaperThe list of business Parliament plans to deal with; when the bill fell off it, the bill stopped progressing. while the AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. instead explored outside fact-checking arrangements ahead of the 2023 vote.
Federal truth in political advertisingThe idea that campaign claims should not be allowed if they are factually false or seriously misleading. laws are enacted
A supporter of the bill told the House that the Hawke government passed federal truth in political advertisingThe idea that campaign claims should not be allowed if they are factually false or seriously misleading. laws in 1983 before later repealing them.
Hansard ↗Federal truth in political advertisingThe idea that campaign claims should not be allowed if they are factually false or seriously misleading. laws are repealed
The same speech said the 1983 federal offence for untrue, misleading or deceptive electoral advertising was abolished about a year later, leaving no lasting national regime of that kind.
Hansard ↗AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. asks major platforms to help remove election lies
Ahead of the 2022 federal election, Electoral Commissioner Tom Rogers said TikTok, Facebook and Twitter would be pressed to swiftly remove incorrect and misleading election content as part of strengthened integrity measures.
Australian Financial Review ↗Stop the Lies bill is introduced to the House
Introducing the bill, Zali Steggall said Australia faced a "free-for-all" in political advertising and argued it was urgent with the Voice referendum due the following year.
Hansard ↗AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. explores fact-checking links before the Voice referendum
The AECThe federal body that runs elections and referendums and, under this bill, could investigate breaches and seek court action. considered information-sharing arrangements with AAP Fact Check and RMIT fact-checkers, showing it was looking for practical ways to counter referendum misinformation outside the bill's proposed enforcement powers.
Australian Financial Review ↗The bill is removed from the Notice PaperThe list of business Parliament plans to deal with; when the bill fell off it, the bill stopped progressing.
The bill was removed from the Notice PaperThe list of business Parliament plans to deal with; when the bill fell off it, the bill stopped progressing. under standing order 42A parliamentary rule used to remove the bill from the Notice Paper, ending its immediate path through Parliament., ending its immediate parliamentary run without creating the new truth-in-advertising powers it proposed.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The scrutiny committee listed the bill among bills on which it had no comment.
No comment
Scrutiny Digest 1 of 2023The bill reached this recorded parliamentary step.
Key criticism
The main criticism is that giving the Electoral Commissioner power to rule on whether campaign claims are seriously misleading could chill political speech and pull the election umpire into heated arguments over contested facts. No party represented in the debate opposed the bill in publicly available sources here, so this remained a limited, mostly general concern about free expression and enforcement discretion rather than a broad public campaign against the bill.
Recorded criticism was limited and mostly about enforcement risk, not the bill's goal.
Free speech and umpire-discretion risk
The clearest reservation is that a truth-in-political-advertising regime can be criticised for letting a regulator decide disputed factual claims in the middle of political contests, creating censorship fears or a chilling effect even if the bill is aimed at factual deception rather than opinion.
Further sources
Votes
No recorded votes were found before this bill stopped proceeding.
Parliamentary debate
Start here — lead voices
Steggall supports the bill and says it is a practical, constitutionally careful way to stop misleading political advertising and protect elections and referendums from misinformation.
Read in Hansard ↗Sharkie strongly supports the bill and says federal truth-in-political-advertising laws are needed to stop misleading election campaigns and restore trust.
Read in Hansard ↗All speeches by bloc
2 speakers · 2 support
“This bill legislates a commitment to truth-telling. It does so by regulating misleading or deceptive political advertising matter in a way that is effective, constitutionally sound, timely and enforceable, without chilling political speech or producing other unwanted consequences.”Read the full speech in Hansard ↗
“I second the motion and wholeheartedly support this bill moved by the member for Warringah, the Commonwealth Electoral Amendment (Stop the Lies) Bill 2022. Back in the eighties for a very short period of time we had federal truth in political advertising laws. Oh, the halcyon days of politics! At the time, the newly elected Hawke government moved the Commonwealth Electoral Legislation Amendment Bill 1983, and it was passed in 1983. The amendments made the publication of electoral advertising that were untrue, misleading or deceptive an offence punishable by six-months imprisonment or a fine. But, in true bipartisan nature, this act was abolished just a year later because it couldn't even stand the test of an election.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Removed from the Notice Paper in accordance with (SO 42)
Removed from the Notice PaperThe list of business Parliament plans to deal with; when the bill fell off it, the bill stopped progressing. in accordance with (SO 42)
The bill reached this recorded parliamentary step.
Senate Standing Committee for the Scrutiny of Bills
No comment
The scrutiny committee listed the bill among bills on which it had no comment.
The committee considered the bill in Scrutiny Digest 1 of 2023 and made no comment.
Scrutiny Digest 1 of 2023