Governments and Election Advertising

With the next Federal election being announced today as Saturday 14th September 2013, and new legislation being introduced into NSW regarding advertising for government commissions, the question is being raised again about what is government electoral information advertising and what breaches the relevant rules of conduct for each state in regards to election advertising.

Under the Financial Management and Accountability Act 1997, all government agencies and departments are required to adhere to the Guidelines created to govern government advertising compaigns.

In brief, the "underlying principles governing the use of public funds for government information and advertising campaigns are that:

- all members of the public have equal rights to access comprehensive information about government policies, programs and services which affect their entitlements, rights and obligations;

- governments may legitimately use public funds for information programs or education campaigns to explain government policies, programs or services and to inform members of the public of their obligations, rights and entitlements; and

- government campaigns shall not be conducted for party political purposes."

And it is usually this third component which proves difficult for many government election campaigns. The NSW E-brief of 2011 stated that "government advertising should be subject to greater oversight and regulation, to prevent it becoming an ersatz form of election funding."

Although there has been not much case law on this issue, The Advertising Standards Bureau also claims that it is truth in advertising (under the new Australian Consumer Code) and offensiveness in political or election advertising which can also cause problems for election campaign advertising.

Special rules apply under s 4(9) of the Commonwealth Electoral Act 1918, during the case of an election period, and it remains to be seen which advertising falls within these laws for the September election.

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