Can a political party publish information about their endorsed candidates?
In Plain English
Yes, a political party can publish information about its endorsed candidates. However, there are rules about what information needs to be included in the publication, especially if it's considered "electoral matter." This includes things like who authorized the publication. The name of the political party must be displayed in a specific way, and in some cases, an abbreviation can be used.
Detailed Explanation
A political party can publish information about its endorsed candidates, but this is regulated, particularly if the publication is considered "electoral matter."
Authorisation of Electoral Matter:
- If the matter is an electoral advertisement where distribution or production is paid for, or if it's a sticker, leaflet, or poster, the content must be approved by a "notifying entity" (Electoral Legislation Amendment (Electoral Reform) Act 2025, Electoral and Other Legislation Amendment Act 2017).
- If the matter is communicated by or on behalf of a "disclosure entity," that entity is the notifying entity (Electoral and Other Legislation Amendment Act 2017). Disclosure entities include registered political parties, associated entities, Senators, Members of the House of Representatives, candidates, and certain individuals or groups based on past or potential reporting requirements (Electoral and Other Legislation Amendment Act 2017).
Required Particulars:
- When the Australian Broadcasting Corporation (ABC) broadcasts political matter at the request of another person, it must announce certain "required particulars" (Australian Broadcasting Corporation Act 1983). These particulars are detailed in a table within section 79A of the Australian Broadcasting Corporation Act 1983 and may include other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918.
- The "required particulars of the name of the entity" (i.e., the political party) are specifically defined. The name must be the one entered in the Register of Political Parties under the Commonwealth Electoral Act 1918, but certain elements can be omitted, such as "Incorporated," "of Australia," or words indicating a branch or division (Australian Broadcasting Corporation Act 1983, Electoral Legislation Amendment (Authorisations) Act 2022).
- If the political party has a registered abbreviation in the Register of Political Parties, that abbreviation can be used instead of the full name (Australian Broadcasting Corporation Act 1983, Electoral Legislation Amendment (Authorisations) Act 2022).
Exemptions and Exceptions:
- Certain types of communications are exempt from these requirements, such as news reporting, satire, academic or artistic works, personal communications, internal communications, and live communications where the speaker's identity is reasonably identifiable (Electoral and Other Legislation Amendment Act 2017).