‘There’s no price to pay’: Zali Steggall pushes to criminalise lying in political ads

Independent MP Zali Steggall will push again to criminalise lying in political advertising with a new bill she hopes will have an impact before the referendum on an Indigenous Voice to Parliament.

Crikey can reveal that a tweaked version of Steggall’s bill, which she’ll introduce on Monday, will include a defence for people accused of contravening the proposed new rules, as well as specific language to make the rules apply to referendums. 

“I don’t want to see the debate distorted with false and misleading claims as to what [the Voice] would do,” Steggall told Crikey. 

“At the moment, there’s no price to pay.” 

The Warringah MP first introduced her bill last year, but it lapsed when Parliament was dissolved ahead of the May election. 

It proposes fines of up to 50 penalty units — which would be $13,750 at next year’s rate — for individuals who publish election material “misleading or deceptive to a material extent” or “likely to mislead”.

Parties could face five times the penalty for individuals at $68,750.

Apart from the new language to capture referendums, the new version of the bill will include paragraphs that state it’s a defence if the defendant “took no part in determining the content of the advertisement” or “could not reasonably be expected to have known that the statement to which the charge relates was inaccurate and misleading”. 

Steggall said she was convinced by legal experts to include this. 

“I was a little reluctant around the defence, but I was told that for constitutionality, it’s very important to have it there,” she said.

She also said she would have liked stiffer penalties, but that the bill was written so that it would fall in line with similar legislation in the ACT and South Australia.

“I’m trying not to be revolutionary. I’m trying to be sensible,” Steggall said.  

“We wanted to throw the book at it, but you’ve also got to make it palatable legislation to get people on board with it.” 

Steggall said she was sure there would be a campaign against the proposed Voice, and noted ex-prime minister Tony Abbott, who held her seat before the 2019 election, had already emerged as a critic. 

The ABC’s fact-checking team has rated Steggall’s claim that it’s legal to lie in political advertising as “close to the mark”, noting there are “existing laws [that] might apply in narrow circumstances”.

Prime Minister Anthony Albanese committed during his May victory speech to the Uluru Statement from the Heart and has since announced he intends to hold a referendum and ask Australians the question: “Do you support an alteration to the constitution that establishes an Aboriginal and Torres Strait Islander Voice?”

Asked if Labor will support Steggall’s bill, Special Minister of State Don Farrell said he would await the recommendations from an inquiry into the past election before looking at legislation. 

“Its terms of reference include the potential for ‘truth in political advertising’ laws and other matters for reform,” Farrell told Crikey.

“We are really proud of our strong democratic system and are focused on strengthening it, especially at a time when misinformation has grown.

“Labor wants to consider truth in political advertising laws on a federal level. There are examples of this being done well, including in my home state of South Australia.

“I am keenly interested to review the multi-partisan and joint committee’s findings, including any recommendations it makes, about the possible application of such laws in our jurisdiction.”

The inquiry was launched in early August and is expected to take up to a year to conclude.