What are the rules around political advertising on TV and radio?

Here's a breakdown of the rules regarding political advertising on TV and radio, according to the provided legislation:

In Plain English

During election periods, there are specific rules about what political advertisements can be broadcast on TV and radio. Broadcasters can't air political ads from governments (Commonwealth, State, or Territory). Other entities, like individuals or organizations, also face restrictions on political ads during this time.

However, there are exceptions. Broadcasters can air a political party's policy launch once during the election period, provided they also offer the same opportunity to other eligible parties. These policy launches must be free of charge and no longer than 30 minutes. Excerpts from policy launches can be included in news reports or current affairs programs, even if the launch was previously broadcast.

Broadcasters must also announce who is responsible for political advertisements and keep records of this information. The Australian Communications and Media Authority (ACMA) can request these records.

Detailed Explanation

The Political Broadcasts and Political Disclosures Act 1991 and the Broadcasting Services Act 1992 outline several key restrictions and requirements:

• Restrictions During Election Periods:

  • Section 95d of the Political Broadcasts and Political Disclosures Act 1991 states that broadcasters cannot broadcast political advertisements for or on behalf of any government or government authority (Commonwealth, State, or Territory) during an election period.
  • Subject to certain divisions within the Act, broadcasters also cannot broadcast political advertisements for or on behalf of persons other than a government or government authority, or on their own behalf, during an election period.
  • Clause 3A of Schedule 2 to the Broadcasting Services Act 1992 reinforces this by stating that a broadcaster must not broadcast an election advertisement during the relevant period if the election area overlaps with the broadcast area.

• Definition of Political Advertisement and Matter:

  • A "political advertisement" is defined as an advertisement containing "political matter."
  • "Political matter" includes anything intended or likely to affect voting in an election, or material containing references to the election, candidates, issues, governments, members of parliament, or political parties (as per section 95d of the Political Broadcasts and Political Disclosures Act 1991).

• Policy Launches:

  • Section 95k of the Political Broadcasts and Political Disclosures Act 1991 allows broadcasters to air a political party's policy launch once during an election period if requested in writing by the party's chief executive officer.
  • Broadcasters must offer a reasonable opportunity for other eligible parties (those with members in the relevant parliament) to broadcast their policy launches as well.
  • These broadcasts must be free and no longer than 30 minutes.
  • Excerpts of reasonable length from a policy launch can be broadcast as part of news or current affairs programs, even if the launch was previously broadcast.

• Required Particulars and Record Keeping:

  • Both the Broadcasting Services Act 1992 (clause 4 of Schedule 2) and the Australian Broadcasting Corporation Act 1983 (section 79A) mandate that broadcasters must announce "required particulars" when broadcasting political matter at the request of another person.
  • These particulars are defined in the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021 and relate to the entity responsible for authorizing the broadcast.
  • Broadcasters must keep records of the name, address, and occupation of the person or company who authorized the political matter for a period of 2 years and provide these details to the ACMA upon request.

• ACMA Oversight:

  • The ACMA is responsible for overseeing compliance with these regulations.
  • Section 95t of the Political Broadcasts and Political Disclosures Act 1991 requires the Tribunal (presumably referring to ACMA) to immediately consider applications, complaints, or information about alleged contraventions of sections 95b, 95c, 95d, 95e, or 95s.
  • The Federal Court of Australia can issue orders to prevent or stop contraventions of these sections (section 95u of the Political Broadcasts and Political Disclosures Act 1991).

• Special Broadcasting Service (SBS):

  • Section 70A of the Special Broadcasting Service Act 1991 largely mirrors the requirements for other broadcasters regarding political matter, announcement of required particulars, and record keeping.