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Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2)

Current status

This bill is currently before Parliament.

Policy area

Transport & communications

What does this bill do?

The bill would create civil penaltiesA court-ordered financial penalty for breaching a law, separate from a criminal conviction. for authorising certain federal election campaign material that presents factual claims, candidate images or candidate audio as real when they are inaccurate and misleading to a material extentA substantial or significant level of inaccuracy and misleading effect. The bill uses this threshold so minor or trivial errors are not enough..

Why was it introduced?

Senator Pocock introduced the bill to respond to concerns that misinformation, disinformation and AI-generated deepfakesA realistic fake image, video or sound file, often made or modified with AI, that can make a person appear to do or say something they did not do or say. can mislead voters and weaken confidence in federal elections and referendums. The explanatory memorandum says existing Commonwealth electoral law regulates some authorisation details but does not generally restrict deliberate falsehoods in campaign advertising except for how to complete a ballot paper. The bill's answer is a federal truth-in-political-advertising framework modelled on South Australia, a disclosure rule for substantially or entirely digitally created or modified campaign material, and an independent panelThe new independent panel the bill would create within the Australian Electoral Commission to assess possible breaches of the proposed electoral communication rules. process that can move quickly during election and referendum periods.

Broader context

The bill sits in a long-running debate about whether Australia should regulate false factual claims in election advertising. The explanatory memorandum points to South Australia's truth-in-advertisingRules aimed at stopping election advertising from presenting factual claims as true when they are materially inaccurate and misleading. law, the ACT's later framework, the 2023 Joint Standing Committee on Electoral MattersA federal parliamentary committee that reviews election and referendum issues. The bill relies on its recommendations about truth in political advertising and the media blackout. recommendation for federal reform, and newer concerns about AI tools that can produce realistic fake images, videos and voice recordings. Senator Pocock framed the proposal as a private senator's bill pressing the government to legislate reforms it had introduced in the previous Parliament.

Key criticism

The supplied record does not show substantive criticism or opposition to the bill. It contains the sponsor's explanatory memorandum, the sponsor's incorporated second reading speech, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no counted divisions.

Who supported it?

Senator David Pocock introduced this bill. Supportive speeches so far have come from some crossbench members.

Introduced in Senate 30 July 2025
At second reading in Senate 30 July 2025
Not yet reached House —
Not yet law —

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

315 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. The bill would create civil penaltiesA court-ordered financial penalty for breaching a law, separate from a criminal conviction. for authorising certain federal election campaign material that presents factual claims, candidate images or candidate audio as real when they are inaccurate and misleading to a material extentA substantial or significant level of inaccuracy and misleading effect. The bill uses this threshold so minor or trivial errors are not enough..

  2. The new election rules would be aimed at campaign material already covered by authorisation rules, such as electoral advertisements, pamphlets, posters and how-to-vote cards, rather than every political statement made online or in private.

  3. The prohibitions would not cover opinions, private communications, satire, art, educational or academic material, professional news media, state or territory election content, or federal electoral content posted through private social media posts.

  4. A new Electoral Communications PanelThe new independent panel the bill would create within the Australian Electoral Commission to assess possible breaches of the proposed electoral communication rules. would sit within the Australian Electoral CommissionThe independent body that runs federal elections and referendums. The bill would place the Electoral Communications Panel within it while separating the panel's decision-making. but make these decisions independently. Smaller Decision Panels would usually have to decide possible breaches within two days, or within 24 hours near polling day.

  5. If a Decision PanelA smaller group of at least three Electoral Communications Panel members selected to investigate and decide a possible breach during an election or referendum period. found material to be materially inaccurate and misleading, it could ask the authoriser to publish a retraction, correct the material, or remove it. If the authoriser refused, only the Federal Court could compel action.

  6. The bill would also require some electoral and referendum material to disclose when its content was substantially or entirely created or modified using digital technology, including AI.

  7. For referendums, the bill would apply similar truth-in-advertisingRules aimed at stopping election advertising from presenting factual claims as true when they are materially inaccurate and misleading. rules to written factual statements and extend the Electoral Communications PanelThe new independent panel the bill would create within the Australian Electoral Commission to assess possible breaches of the proposed electoral communication rules.'s work, but it would not copy the candidate image or audio rules because referendums do not have candidates.

  8. The bill would repeal the broadcast blackoutThe rule stopping certain broadcasters from broadcasting election or referendum advertising from the end of the Wednesday before polling day until voting closes. that stops some broadcasters and SBS from running election or referendum advertising from the end of the Wednesday before polling day until voting closes.

  9. If passed, most of the main election, referendum, blackout and miscellaneous changes would start on 1 January 2026, while other amendment groups would start 28 days after Royal AssentThe final formal approval a bill needs before it can become an Act.. In the collected APH record, the bill had not passed and had not become an Act.

Show source excerpts
  1. prohibit a person or entity authorising certain electoral matter that contains: a written statement purporting to be factual but which is inaccurate and misleading to a material extent; or a visual depiction purporting to be a factual visual depiction of a candidate for an election that is inaccurate and misleading to a material extent; or an audio depiction purporting to be a factual audio statement by a candidate for an election that is inaccurate and misleading to a material extent;
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  2. The Bill applies only to electoral advertisements and certain promotional materials, such as election pamphlets and posters, which seek to influence a person's vote and which are already subject to the authorisation frameworks in the Electoral Act and Referendum Act.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  3. The new prohibitions expressly do not regulate any opinion, private communication, satirical content, art, educational material, academic content, or professional news media. They also do not apply to any Federal electoral content that is created and communicated via private social media posts, or to any electoral content for a state or territory election.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  4. The Panel will be a secondary statutory body within the Australian Electoral Commission. This recognises and preserves the Australian Electoral Commission's neutrality and ensures the operations of the panel are fully legally independent. ... A Decision Panel must investigate and make a decision on a possible contravention ... within two days ... or within 24 hours ...
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  5. If a Decision Panel decides that the content is inaccurate and misleading to a material extent, the Decision Panel may request that the authoriser of the content either publish a retraction, correct the content of the matter, or take down the content. If the person fails to comply with the request, the Decision Panel may apply to the Federal Court for enforcement. Only the Court can legally require the person to take the requested action.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  6. Separately to the new prohibitions and the Panel model, the Bill will also require electoral matter or 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) Bill 2025 (No. 2) explanatory memorandum
  7. Schedule 2 replicates the above amendments made to the Electoral Act (Schedule 1 to the Bill) to also apply to referendums. ... The civil penalty provisions for authorisable electoral matter that contains a visual or audio depiction of a candidate are not replicated for the Referendum Act, as there are no candidates in a referendum.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  8. Schedule 3 amends the BSA and the SBS Act to repeal the requirements for licensed broadcasters and the SBS to not broadcast election or referendum advertising in the last three days of voting in an election or referendum.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum
  9. Part 1 of Schedule 1, Part 1 of Schedule 2, and Schedules 3 and 4 will commence from 1 January 2026... Part 2 of Schedule 1 and Part 2 of Schedule 2 commence the 28th day after the Royal Assent.
    Electoral Legislation Amendment (Electoral Communications) Bill 2025 (No. 2) explanatory memorandum

Context

Broader context for this bill

The bill sits in a long-running debate about whether Australia should regulate false factual claims in election advertising. The explanatory memorandum points to South Australia's truth-in-advertisingRules aimed at stopping election advertising from presenting factual claims as true when they are materially inaccurate and misleading. law, the ACT's later framework, the 2023 Joint Standing Committee on Electoral MattersA federal parliamentary committee that reviews election and referendum issues. The bill relies on its recommendations about truth in political advertising and the media blackout. recommendation for federal reform, and newer concerns about AI tools that can produce realistic fake images, videos and voice recordings. Senator Pocock framed the proposal as a private senator's bill pressing the government to legislate reforms it had introduced in the previous Parliament.

  1. 1985

    South Australia already has truth-in-advertisingRules aimed at stopping election advertising from presenting factual claims as true when they are materially inaccurate and misleading. rules

    The explanatory memorandum says South Australia's Electoral Act 1985 prohibits electoral advertisements containing factual statements that are inaccurate and misleading to a material extentA substantial or significant level of inaccuracy and misleading effect. The bill uses this threshold so minor or trivial errors are not enough., and that the bill adapts this model for federal elections.

    Explanatory memorandum ↗
  2. 2020

    ACT adopts a similar framework

    The explanatory memorandum says the Australian Capital Territory adopted a similar truth-in-advertisingRules aimed at stopping election advertising from presenting factual claims as true when they are materially inaccurate and misleading. framework in 2020.

    Explanatory memorandum ↗
  3. 2023

    Electoral committee recommends federal reform

    The explanatory memorandum and second reading speech say the Joint Standing Committee on Electoral MattersA federal parliamentary committee that reviews election and referendum issues. The bill relies on its recommendations about truth in political advertising and the media blackout. recommended considering truth-in-political-advertising laws administered by the Australian Electoral CommissionThe independent body that runs federal elections and referendums. The bill would place the Electoral Communications Panel within it while separating the panel's decision-making., with particular attention to the South Australian model.

    Explanatory memorandum and second reading speech ↗
  4. 2024

    Official reports warn about democratic resilience

    The explanatory memorandum cites Australia's Strengthening Australian Democracy report and global warnings about misinformation, disinformation and AI-generated election material as context for the bill.

    Explanatory memorandum ↗
  5. 2024

    AI election examples sharpen the risk

    The explanatory memorandum points to overseas examples, including an AI voice-clone robocall imitating President Joe Biden and deepfakeA realistic fake image, video or sound file, often made or modified with AI, that can make a person appear to do or say something they did not do or say. videos or voice-clones involving Rishi Sunak and Keir Starmer, to show how realistic fake election material can affect voters.

    Explanatory memorandum ↗
  6. 30 July 2025

    Pocock introduces electoral communications bill

    Senator David Pocock introduced the bill in the Senate, proposing civil penaltiesA court-ordered financial penalty for breaching a law, separate from a criminal conviction., AI disclosure rules, the Electoral Communications PanelThe new independent panel the bill would create within the Australian Electoral Commission to assess possible breaches of the proposed electoral communication rules. and repeal of the broadcaster blackout.

    Parliament of Australia ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced in the Senate 30 July 2025

Senator David Pocock introduced the bill and it was read a first time.

Introduced and read a first time

Second reading moved 30 July 2025

Senator Pocock moved the second reading, opening debate on the bill's purpose and principles.

Key criticism

The main case against this bill

The supplied record does not show substantive criticism or opposition to the bill. It contains the sponsor's explanatory memorandum, the sponsor's incorporated second reading speech, no scrutiny entries, no proposed amendments, no recorded amendment outcomes and no counted divisions.

The explanatory memorandum acknowledges rights issues, especially freedom of expression and reputation impacts, and argues the limits are targeted and proportionate. That is not the same as an independent criticism in the collected record.

Further sources

aph.gov.au ↗ parlinfo.aph.gov.au ↗

Votes

Recorded votes

No recorded votes have been found yet for this bill.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

David Pocock

Independent • Senator 30 July 2025

David Pocock supports the bill as its sponsor.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

1 speaker · 1 support

  1. David Pocock ★ David Pocock supports the bill as its sponsor.
    “This bill implements recommendations of the 2023 multipartisan Joint Standing Committee on Electoral Matters (JSCEM) to introduce truth-in-advertising legislation modelled on the existing laws in South Australia.”

    Independent • Senator • 30 July 2025

    Read the full speech in Hansard ↗

Record

Full record

Full chat