Authorisation statements in political advertising

The short answer

Authorisation statements in political advertising

Under the Commonwealth Electoral Act 1918, most electoral communications must include an authorisation statement that identifies the person or entity responsible for the communication. The requirements apply to paid electoral advertisements in print, broadcast, internet and other media, as well as certain non-paid communications. The authorisation must typically identify the name and address of the person or entity authorising the communication, and for communications authorised on behalf of a political party or candidate, the name of the party or candidate. The purpose of the authorisation requirement is to provide transparency about who is communicating electoral matter to voters, not to verify the accuracy of the content. An authorisation statement tells you who paid for and authorised the message, but it does not mean the message is true or endorsed by any regulatory body.

This guide uses public electoral and parliamentary records. A party or candidate statement establishes what that actor says; it does not independently establish that the statement is true.

The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

Legal basis for authorisation requirements

The requirement for electoral communications to carry an authorisation is set out in Part XXA of the Commonwealth Electoral Act 1918. This Part was substantially amended by the Electoral Legislation Amendment (Electoral Communications) Act 2023, which expanded the authorisation requirements to cover a wider range of electoral communications, particularly in digital and social media. The object of the Part is to promote transparency and accountability by ensuring that voters can identify who is responsible for electoral communications.

An electoral communication is broadly defined as a communication that contains electoral matter, meaning matter intended or likely to affect voting in a federal election. This covers express statements about how to vote, references to political parties or candidates, and issue-based advertising that is designed to influence voting. The AEC publishes guidance on what constitutes electoral matter, but the definitive interpretation rests with the courts.

Evidence review

What the authorisation must contain

The content of the authorisation required depends on who is authorising the communication. For communications authorised by an individual on their own behalf, the authorisation must include the individual's name and address. For communications authorised on behalf of a registered political party, the authorisation must include the party name and the address of the party or the name and address of the person authorising it on the party's behalf. For communications authorised on behalf of a candidate, the authorisation must include the candidate's name and the address of the candidate or the name and address of the person authorising it on the candidate's behalf.

For third-party organisations, such as companies, unions, advocacy groups or associations that are not registered political parties, the authorisation must include the name of the entity and the address of the entity or the name and address of the person authorising it on the entity's behalf. The address requirement is typically satisfied by providing a street address, a postal address or, for entities, the address of their principal place of business.

Evidence review

Requirements for specific media types

The format of the authorisation varies by medium. For print advertisements, the authorisation must appear at the end of the communication in text that is reasonably prominent and legible. For broadcast advertisements such as television and radio, the authorisation must be spoken at the end of the communication in a way that is clearly audible. For internet and social media advertisements, including video, image and text advertisements, the authorisation must appear at the end of the communication or, if the communication is a video, the authorisation may be spoken at the end.

For communications distributed by SMS or MMS, the authorisation requirements apply and must be included in or with the communication. For communications distributed via email, the authorisation may be included in the email body or in an attachment that is accessible to the recipient. The AEC has issued detailed guidance for each medium type, reflecting the amendments to the Act that came into effect in 2024.

Evidence review

Exceptions and exemptions

Not all communications containing electoral matter require an authorisation. Exceptions include communications in a news or current affairs publication that is subject to editorial control and published in the normal course of business by a person who is not a political party, candidate or associated entity. Personal communications by an individual to their friends, family or social network, where the individual is not acting on behalf of a party, candidate or entity, may also fall outside the authorisation requirements, though the boundary between personal and electoral communication is not always clear.

Communications that exclusively report factual information about electoral processes, such as where and when to vote, without expressing a view on how to vote, are not electoral matter for the purposes of the authorisation requirements. The AEC's Stop and Consider campaign materials, for example, encourage voters to check the source of electoral communications and do not themselves require electoral authorisation. The availability of an exception is determined by the AEC or, in a disputed case, by a court.

Evidence review

What authorisation does not mean

An authorisation statement identifies who is responsible for the communication but does not indicate that the content is true, accurate or endorsed by the AEC or any other regulatory body. A communication with a valid authorisation can contain factual errors, misleading claims or outright falsehoods. The authorisation requirement is a transparency measure, not a truth-in-advertising regulation.

The absence of a required authorisation is an offence under the Commonwealth Electoral Act, but it is enforced through complaints and investigations, not through pre-publication vetting. The AEC cannot require that an electoral communication be submitted for approval before publication. Voters who encounter an electoral communication without a required authorisation can make a complaint to the AEC, which has the power to investigate and, if an offence is established, to seek civil penalties through the courts.

Common questions

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