The short answer

report suspected electoral misinformation or unlawful material

If you encounter material during a federal election that you believe contains false or misleading information about the electoral process, or that may be unlawful electoral communication, you should preserve a complete record of the material, including the content, date, platform and any authorisation statement, and report it to the appropriate regulator through its official channel. The Australian Electoral Commission is the primary body for concerns about electoral communications and the electoral process itself. The eSafety Commissioner handles serious online abuse and image-based abuse. The Australian Communications and Media Authority regulates broadcasting and some online content. Describe the material factually in your report: what you saw, when and where you saw it, and why you believe it may breach electoral laws. Do not publicly accuse a person or party of committing an offence.

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

What counts as electoral misinformation in the legal sense

The Commonwealth Electoral Act 1918 sets out specific offences relating to electoral communications. It is an offence to print, publish or distribute any matter that is likely to mislead or deceive an elector in relation to the casting of a vote. This includes falsely representing that a communication is from or on behalf of the AEC or a political party, and making statements about the electoral process that are materially incorrect. The Act also requires that most electoral material bear an authorisation statement identifying the person or entity responsible for the communication. Material that does not carry a proper authorisation may be unlawful regardless of its content. The electoral communication offences target the process of voting itself: how, when and where to vote, rather than broader political debate about policies or candidates' character.

Evidence review

The AEC's role in electoral integrity

The Australian Electoral Commission is the independent statutory authority responsible for administering federal elections and referendums. Its electoral integrity function includes responding to reports of potentially unlawful electoral communications, publishing a disinformation register that publicly corrects false claims about the electoral process, and referring matters to the Australian Federal Police where evidence suggests a criminal offence may have been committed. The AEC does not regulate the truthfulness of political advertising about policies or candidates. Its remit is limited to communications that may mislead electors about the vote-casting process itself, such as false claims about the date of an election, the location of polling places, the requirement to vote, or how to complete a ballot paper. The AEC's disinformation register explains whether specific circulating claims about the electoral process are accurate.

Evidence review

The eSafety Commissioner's role

The eSafety Commissioner, established under the Online Safety Act 2021, is an independent statutory office within the Australian Communications and Media Authority. eSafety handles complaints about serious online abuse targeting adults, cyberbullying of children, image-based abuse, and illegal and restricted online content. In the electoral context, eSafety may be the appropriate body if the material involves online abuse, threats or harassment directed at a candidate, campaign worker or voter, or if it involves the non-consensual sharing of intimate images in a political context. eSafety has the power to issue removal notices to social media platforms and other online services, to issue formal warnings and infringement notices, and to seek civil penalties through the courts.

Evidence review

What to preserve before you report

Before making a report, capture and preserve as much information as possible about the material you encountered. Take screenshots or screen recordings that show the full content, the date and time it appeared, the platform or medium on which it appeared, and any authorisation statement or publisher information. If the material was a physical item such as a letterbox flyer, photograph it in situ and note the date and location. If it was a social media post, save the full URL. If it was a text message, screenshot the message including the sender's number or identifier. Do not share the material publicly. Doing so may yourself spread misinformation or breach platform rules. The purpose of preserving evidence is to give the regulator the information it needs to assess the matter.

Evidence review

How to make a report and what to expect

The AEC accepts reports of potentially unlawful electoral communications through its website. You will typically be asked to describe the material, provide the date and location or platform, and upload any supporting files. The AEC does not provide detailed updates on individual reports, but it may contact you if further information is needed. The AEC triages reports based on its regulatory priorities and may decide not to take action if the material does not meet the threshold for an electoral offence or if it falls outside the AEC's remit. Decisions about whether to refer a matter for investigation or prosecution are made by the AEC, not by the person reporting. The eSafety Commissioner has a similar web-based reporting process, and its website includes an online form that guides you through the type of complaint and the evidence required.

Evidence review

What not to do when you encounter suspect material

Do not publicly accuse a person, party or organisation of committing an electoral offence. Even if you believe the material is unlawful, making an accusation could expose you to defamation risk, and it may prejudice any investigation the regulator undertakes. Do not try to resolve the matter directly with the person who published the material. Do not amplify the material by sharing it with commentary such as look at this illegal ad, even if your intention is to expose it, because sharing can itself spread the misinformation further. Do not assume that because material feels misleading it is unlawful. The legal threshold for an electoral offence is higher than ordinary political spin or exaggeration. If in doubt, report it and let the regulator decide.

Common questions

Before you rely on the answer

What is the difference between the AEC and the eSafety Commissioner for electoral complaints?

The AEC handles communications that may mislead electors about the voting process: how, when and where to vote. The eSafety Commissioner handles serious online abuse, cyberbullying, image-based abuse and illegal online content.

Can I report a political ad that I think is dishonest but not about the voting process?

You can report it to the AEC, but if the ad concerns policy claims rather than the voting process, it is unlikely to breach the Commonwealth Electoral Act's misleading or deceptive conduct provisions. The AEC's remit is limited to the casting of a vote.

What happens after I make a report to the AEC?

The AEC assesses the report against its regulatory priorities and may gather further information. It does not routinely update reporters on the outcome. If the matter meets the threshold, the AEC may take compliance action, publish corrective information, or refer the matter to the Australian Federal Police.

Should I report suspected electoral fraud as electoral misinformation?

No. Suspected electoral fraud such as multiple voting, ballot tampering or impersonation should be reported directly to the AEC through its electoral fraud reporting process, or to the Australian Federal Police. The electoral integrity reporting channel is for communications issues, not criminal conduct in election administration.

Source spine

Primary material used for this guide

Review trigger: Amendments to the Commonwealth Electoral Act 1918 affecting electoral communication offences or authorisation requirements. Changes to the Online Safety Act affecting the eSafety Commissioner's powers. New AEC regulatory guidance on electoral integrity.

Archive note: Written from the AEC Electoral Integrity page (aec.gov.au/About_AEC/electoral-integrity/) and the eSafety Commissioner website (esafety.gov.au/report). Sources verified 17 July 2026.

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