Media Release 1999: Referendum: Misleading and Deceptive Publications - Complaint by Australian Republican Movement

21 October 1999

The Electoral Commissioner, Mr Bill Gray, said today that he was aware of the level of community interest in referendum advertising and the possibility of voters being misled by the parties to the process.

However, Mr Gray said that the provision of the Referendum Act relating to misleading and deceptive advertising, which is the same as in the Electoral Act, was defined narrowly by the High Court as far back as 1983.

According to Mr Gray, this provision only applies to misleading information about how to mark the ballot paper and not to the political messages that might sway the judgement of voters.

"In the end, the truth of political messages contained in referendum advertising is for the voters to decide at the ballot box," Mr Gray said.

Mr Gray's comments followed receipt of a complaint received from the Australian Republican Movement (ARM) by the AEC on 19 October which was referred to the Commonwealth Director of Public Prosecutions (DPP) for advice.

This complaint concerned a statement in two broadcast referendum advertisements, authorised by Ms Kerry Jones for the No Campaign, that "If you want to vote for the President, vote No to the politician's republic." The complaint was that the statement was in breach of section 122 of the Referendum Act, relating to misleading and deceptive advertising.

Legal advice from Mr Brett Walker SC supported the view of the ARM that the statement was misleading and deceptive under the terms of the Referendum Act.

The AEC has now received legal advice from the DPP, which has considered Mr Walker's advice.

The DPP has advised that it is not satisfied that a voter would be misled in relation to casting a vote on the basis suggested.

Accordingly, the DPP has concluded that no breach of section 122 of the Referendum Act is disclosed, and the AEC will be taking no further action on the complaint.

Brien Hallett
02 62714415