Electoral advertising – council elections

Electoral material

Restrictions apply to the publication and display of electoral material during South Australian local government elections. These requirements are set out in Part 7 of the Local Government (Elections) Act 1999 and section 226 of the Local Government Act 1999.

The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you are unsure about your obligations, you should seek independent legal advice.

What is electoral material?

Electoral material includes any advertisement, notice, statement or representation intended to influence voting in a local government election. It covers material published:

• in print
• online or on social media
• in newspapers
• on radio or television
• or by any other means

This applies to any person who authors, publishes or distributes electoral material intended to influence voting.

Publishing electoral material

Authorisation requirements

Electoral material must clearly show who authorised it.

Mandatory authorisation details

All electoral material must include:

• the name and address of the person who authorised the material
• for printed material, the name and physical address of the printer or producer. If they do not have a physical address, include their email address or website instead.

Online material

Online electoral material must include an authorisation unless the authoriser’s details are immediately accessible (for example, in the 'About' section of a social media page).

Comments and replies do not need separate authorisation if the page already displays a compliant authorisation.

Newspapers

Printer details are not required if the newspaper has been published at least monthly for the past 6 months.

Letters to the editor

Letters to the editor containing electoral material must include the writer’s name and physical address (not a post box).

Maximum penalty: $2,500

Responsibility for online platforms

Where electoral material is published online by someone other than the site owner or platform controller:

• the platform owner is not taken to have published the material unless they authorised the publication, directly or indirectly.

Misleading electoral material

Electoral material must not contain statements presented as facts that are inaccurate and misleading to a material extent.

This rule does not apply to opinions, slogans or value judgments.

A person who authorised, caused or permitted misleading factual material may commit an offence.

Maximum penalty: $5,000

Commissioner powers

If the Electoral Commissioner determines material is misleading, they may request the publisher to:

• withdraw the material, and/or
• publish a retraction.

The Supreme Court may also order withdrawal or retraction.

Website or page owners are not responsible for misleading content posted by others unless they authorised it.

Moveable signs and electoral posters

Definitions

• Local electoral poster — a poster, notice or sign displaying electoral material relating to a local government election.
• Moveable sign — a sign not permanently fixed to land or a structure, including:
  • A‑frame signs
  • temporary advertising boards
  • election signs (including corflutes)
  • portable banners or posters

Moveable signs

A moveable sign may be placed on a public road only if it complies with council by‑laws and does not unreasonably restrict the use of the road or endanger public safety.

Council officers may direct the removal of a moveable sign that:

• does not comply with council by‑laws, or
• obstructs the road or creates a safety risk.

If the owner cannot be located, or does not remove the sign when directed, the officer may remove and dispose of it.

Local electoral posters

Local electoral posters must not be displayed on public roads or road‑related areas, including structures, fixtures or vegetation.

Maximum penalty: $5,000

Exceptions

A local electoral poster may be displayed only if it is:

• hand‑held by a person, or
• displayed at or near a designated event, not attached to any structure, and for no more than 6 hours, or
• permitted by regulation

Councils cannot approve electoral posters outside these statutory exceptions.

Council officers may remove local electoral posters displayed on roads or road‑related areas in breach of the legislation.

Publication of candidate profiles

Candidate profiles must be published online within 14 days after nominations close.

Candidate profiles and photographs are published on the ECSA website and are provided to electors with ballot papers.