Electoral Legislation Amendment (Electoral Communications)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Transport & communications

What does this bill do?

Federal election and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. ads could face civil penalties if they include materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. claims or deepfakeA fake image, video or audio clip made with digital tools to look real, which the bill treats as a major risk in election campaigning.-style content presented as fact, aiming to curb false campaign material before people vote.

Why was it introduced?

AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. deepfakes, misinformation and disinformation exposed a gap that could distort voters’ choices with materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. election and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. ads. This bill creates civil penalties for false campaign material, requires disclosure of digitally altered content, and lets an AECThe federal agency that runs elections and referendums and would house the new complaints panel in this bill. panel investigate complaints.

Broader context

Before this bill, federal election and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. rules did not impose a dedicated civil penaltyA financial penalty ordered through law rather than a criminal conviction, used here to punish misleading electoral or referendum material. regime for materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. campaign claims or require warnings when political material had been digitally created or altered. As concern grew that AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. deepfakes and other false campaign material could distort voters’ choices, the government introduced this bill on 18 November 2024 to create an AECThe federal agency that runs elections and referendums and would house the new complaints panel in this bill. enforcement panel, add disclosure rules and remove the late blackout on broadcast election advertising, but it lapsed when Parliament was dissolved on 28 March 2025.

Key criticism

No significant public case against the bill is recorded so far, beyond the ordinary implementation risk of applying new truth-in-advertising and AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. disclosure rules fairly during fast-moving campaigns. The material here shows support from a government speaker, and no party represented in the debate publicly available sources is recorded as opposing the bill.

Who supported it?

Patrick Gorman MP introduced this bill. Speeches supporting it came from Labor.

Introduced in House 18 Nov 2024
Failed in House 28 Mar 2025
Did not reach Senate
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

Did not pass

2 recorded votes before the bill stopped proceeding

Time before failure

130 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Federal election and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. ads could face civil penalties if they include materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. claims or deepfakeA fake image, video or audio clip made with digital tools to look real, which the bill treats as a major risk in election campaigning.-style content presented as fact, aiming to curb false campaign material before people vote.

  2. Election ads, pamphlets and how-to-vote cards would be covered, but opinions, satire, art, education, news reporting, private messages and parliamentary communications would stay outside these new rules.

  3. Campaign material substantially created or altered with digital technology, including AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so., would have to say so, giving voters clearer warning when political content has been digitally produced or changed.

  4. A new Electoral Communications PanelThe proposed decision-maker inside the Australian Electoral Commission that would investigate complaints about misleading campaign material and decide what happens next. inside the Australian Electoral CommissionThe federal agency that runs elections and referendums and would house the new complaints panel in this bill. would investigate complaints and make decisions, with its rulings open to court review and enforcement through the Federal CourtThe court that could enforce panel decisions if a campaign does not comply with a request to correct, retract or remove material..

  5. Television and radio broadcasters would no longer be banned from running election or referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. advertising in the final three days before voting day and on voting day itself.

Show source excerpts
  1. This Bill makes amendments to the Electoral Act and Referendum Act to prevent the distortion of electoral choice by inaccurate and misleading electoral matter. The Bill establishes new civil penalty provisions to prohibit authorising certain electoral and referendum matter that is inaccurate and misleading to a material extent, including material that has been modified using technology such as ‘deepfakes’.
    Electoral Legislation Amendment (Electoral Communications) explanatory memorandum
  2. Election advertisements and certain promotional materials like pamphlets and how-to-vote cards will be subject to the new civil penalty provisions. There are a number of exceptions to the provisions to protect genuine political debate and expression including, statements of opinion; academic, educative, satirical or artistic communications; professional news media and private or parliamentary communications.
    Electoral Legislation Amendment (Electoral Communications) explanatory memorandum
  3. The Bill will also require electoral matter and referendum matter that has been substantially or entirely created or modified using digital technology (including AI) to carry a statement to that effect.
    Electoral Legislation Amendment (Electoral Communications) explanatory memorandum
  4. The Bill also amends the Electoral Act to establish a Panel as a secondary statutory structure within the AEC, for the purpose of administering the civil penalty provisions in Division 2. The Panel's decisions are subject to judicial review and are enforceable by the Federal Court of Australia.
    Electoral Legislation Amendment (Electoral Communications) explanatory memorandum
  5. This bill will remove the media blackout period that prohibits electoral or referendum matter being broadcast on television or radio in the three days before, and on, voting day.
    Minister's second reading speech

Broader context for this bill

Before this bill, federal election and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. rules did not impose a dedicated civil penaltyA financial penalty ordered through law rather than a criminal conviction, used here to punish misleading electoral or referendum material. regime for materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. campaign claims or require warnings when political material had been digitally created or altered. As concern grew that AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. deepfakes and other false campaign material could distort voters’ choices, the government introduced this bill on 18 November 2024 to create an AECThe federal agency that runs elections and referendums and would house the new complaints panel in this bill. enforcement panel, add disclosure rules and remove the late blackout on broadcast election advertising, but it lapsed when Parliament was dissolved on 28 March 2025.

  1. 18 Nov 2024

    Government says AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. deepfakes and false campaign ads are threatening trust in elections

    In the second reading speech, the government said democracies were facing growing threats to public trust and presented the bill as a response to misleading and digitally altered electoral communications.

    Hansard ↗
  2. 18 Nov 2024

    Bill introduced to create truth-in-advertising and digital disclosure rules

    The bill was introduced to add civil penalties for materially misleadingThe legal threshold used in the bill for statements or depictions that are wrong in a way serious enough to likely mislead voters about a campaign message. electoral and referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. ads, require disclosure of digitally created or altered content and set up an Electoral Communications PanelThe proposed decision-maker inside the Australian Electoral Commission that would investigate complaints about misleading campaign material and decide what happens next. inside the AECThe federal agency that runs elections and referendums and would house the new complaints panel in this bill..

    Parliamentary timeline ↗
  3. 18 Nov 2024

    Bill also proposes ending the final broadcast advertising blackout

    The explanatory material shows the bill would also repeal the ban on television and radio election or referendumA national vote on a proposed change to the Constitution, which this bill would also cover for misleading ads and digital disclosure rules. advertising in the final three days before polling day and on polling day itself.

    Electoral Legislation Amendment (Electoral Communications) explanatory memorandum ↗
  4. 28 Mar 2025

    Bill lapses when Parliament is dissolved

    The proposed new rules did not take effect because the bill lapsed at dissolution before it could complete its parliamentary passage.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 18 Nov 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 18 Nov 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Scrutiny of Bills review 27 Nov 2024

Considered by scrutiny committee (27/11/2024): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 15 of 2024

Considered by scrutiny committee

APH bill page notes
Human Rights review 27 Nov 2024

Considered by scrutiny committee (27/11/2024): Parliamentary Joint Committee on Human Rights; Report 1 of 2025

Considered by scrutiny committee

APH bill page notes
Lapsed at dissolution 28 Mar 2025

The bill reached this recorded parliamentary step.

The main case against this bill

No significant public case against the bill is recorded so far, beyond the ordinary implementation risk of applying new truth-in-advertising and AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. disclosure rules fairly during fast-moving campaigns. The material here shows support from a government speaker, and no party represented in the debate publicly available sources is recorded as opposing the bill.

No significant public case against the bill is recorded so far.

Recorded votes

Amendments at a glance

Recorded amendment and procedural votes grouped by chamber. Expand a vote to see the party breakdown.

House

Defeated

Refer bill to committee

Aye 14 No 50

Defeated 14 to 50. Support came from Greens and minor parties and independents. Opposition came from Labor and Nationals. Minor-party and independent votes were split.

18 Nov 2024

If carried, the bill would have been referred for inquiry before proceeding further. The motion was defeated, so the bill did not go to committee on this vote.

Party Recorded votes Aye / No
Labor 0 / 45
Unknown 6 / 4
Independent 7 / 0
Greens 1 / 0
Nationals 0 / 1

Senate

Defeated

Refer bill to committee

Aye 18 No 38

Defeated 18 to 38. Support came from Greens, Australia's Voice, One Nation, UAP, and minor parties and independents. Opposition came from Labor, Liberal Party, and Nationals. Minor-party and independent votes were split.

19 Nov 2024

A successful vote would have sent the bill to committee for further inquiry before any later debate or decision. The motion was defeated, so the referral did not proceed.

Party Recorded votes Aye / No
Labor 0 / 19
Liberal Party 0 / 11
Greens 10 / 0
Unknown 2 / 5
Independent 3 / 0
Nationals 0 / 3
Australia's Voice 1 / 0
One Nation 1 / 0
UAP 1 / 0

This list includes amendment votes, procedural votes and votes on the bill itself.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Patrick Gorman

Australian Labor Party • MP 18 Nov 2024

Gorman supports the bill, saying it strengthens electoral transparency by adding truth-in-advertising rules, AISoftware that can generate or alter text, images, audio or video, which matters here because the bill would require political material made this way to say so. disclosure requirements, and penalties for misleading campaign material.

Read in Hansard ↗

All speeches by bloc

Labor

1 speaker · 1 support

Full record

Full chat