Electoral advertising - state elections

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Overview

Election advertising in South Australia is subject to specific legal requirements, both during and outside of election periods. These rules are set out in Part 13, Division 2 of the Electoral Act 1985 (the Act). This page summarises key provisions relating to the publication and distribution of electoral advertisements, including how-to-vote cards, candidate descriptions, and signage rules.

  • Electoral advertisement is defined by the Act as an advertisement containing electoral matter.
  • Electoral matter means any matter calculated to affect the result of an election.

Enquiries about the placement of signs in public spaces (e.g. height, location) should be directed to the relevant council, as these matters fall under the Local Government Act 1999.

Note: The Electoral Commission of South Australia (ECSA) cannot provide legal advice. If you're unsure about your obligations, we strongly recommend seeking independent legal advice.

Publication of electoral advertisements 

Electoral Act - ss 112(1),(2)

A person must not publish or distribute, or cause or permit to be published or distributed, an electoral advertisement in printed form or through electronic publication on the internet unless:

  • the name (being the name by which the person is usually known) and address (not being a post office box) of the author, or the person authorising its publication, appears at the end; and
  • if the advertisement is authorised for a registered political party or a candidate endorsed by a registered political party, the party's name or, if the register of political parties includes an abbreviation of the party's name, that abbreviation appears at the end; and
  • if the advertisement is authorised for a relevant third party, the relevant third party's name appears at the end; and
  • in the case of an electoral advertisement that is printed but not in a newspaper, the name and place of business of the printer, appears at the end.

This does not apply to:

  • a car sticker, T-shirt, lapel button or badge, pen, pencil or balloon; or
  • an electoral advertisement consisting of a letter or leaflet that carries the signature and the name and address (not being a post office box) of its author and is not printed:
    • by a person who carries on the business of printing or a business a significant part of which involves printing; or
    • by or on behalf of a person who publishes a newspaper, magazine, periodical or similar publication.

Electoral material published on the internet (including social media)

Electoral material published on the internet must include the authorisation described above, except where the name and address of the authoriser is immediately accessible by viewers of the material. In the context of social media, it is acceptable for authorisation to be in the ‘about’ section, provided it is immediately accessible. The authorisation must be in the 'about' section itself, not via a link. Comments and replies are not required to be separately authorised if the authorisation appears in the ‘about’ section of the page publishing the comments or replies.

Broadcast media authorisation requirements

For advertisements intended to influence the outcome of a South Australian state election:

  • Radio advertisements must include a spoken authorisation at the end of the advertisement.
  • Television advertisements must include both a spoken and a text-based authorisation at the end of the advertisement.
Required authorisation details
  • The name and address (not a PO box) of the person authorising the advertisement.
  • If authorised by a registered political party: the party’s full name or registered abbreviation must be included.
  • If authorised by a third party: the third party’s name must be included.

These requirements apply to all electoral advertising intended to influence voting outcomes via broadcast media.

How-to-vote cards

Electoral Act - s 112A

Authorisation requirements

  • Name and address of the person authorising the card must appear at the bottom (no PO boxes).
  • Party or candidate identification must be included:
    • For endorsed candidates or parties: the registered party name or abbreviation.
    • For independent candidates: the candidate’s name and the word 'candidate'.

Lodgement and appearance rules

  • Cards must have substantially the same appearance as one of the following:
    • A card submitted for inclusion in posters under section 66.
    • A card lodged with the Electoral Commissioner by 12 noon, 8 days before polling day.
  • Alternatively, a card may be a compilation of multiple compliant cards (from different electoral districts).

Lodgement conditions

  • Lodgement must follow the Electoral Commissioner’s procedures and any prescribed regulations.
  • Only one how-to-vote card may be lodged per candidate for the same election.

Consistency across versions

  • Any distributed or subsequently lodged card must match the initial submitted version in appearance.
  • Cards are considered substantially the same if differences are limited to:
    • Size, shape, font, medium, or preference indication method.
  • Cards are not considered substantially the same if they promote a different first preference candidate without written notice given at least 8 days prior.

Offences and penalties

  • Distributing a non-compliant card may result in a maximum penalty of $5,000.
  • The Electoral Commissioner may request:
    • Immediate cessation of distribution.
    • Publication of a formal retraction.
  • Responses to such requests may influence penalty outcomes.

Definitions

  • Distribute includes making the card available electronically.
  • How-to-vote card includes any material resembling such a card, even if part of broader content.

Certain descriptions not to be used

Electoral Act - s 112B

A person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate:

  • by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or
  • by use of the word or set of words containing the word 'Independent'; and
    • the name or abbreviation or acronym of the name, of a parliamentary party or a registered political party; or
    • matter that so nearly resembles the name, or an abbreviation or acronym of the name, of a registered political party that the matter is likely to be confused with or mistaken for that name or abbreviation or acronym; or
  • by the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(3)(b)

unless -

    • the candidate is endorsed by the relevant parliamentary party or registered political party; or
    • the relevant parliamentary party or registered political party has consented to the use of the relevant name or names or word or words.
  • a person must not publish or distribute an electoral advertisement or a how-to-vote card that identifies a candidate by use of the word 'Independent' if the candidate is endorsed by a registered party. 

Misleading advertising

Electoral Act - ss 113(1),(2),(4)

A person who authorises, causes or permits the publication of an electoral advertisement by any means (including radio or television) is guilty of an offence if the advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent.

If the Electoral Commissioner is satisfied that an electoral advertisement contains a statement purporting to be a statement of fact that is inaccurate and misleading to a material extent, the Electoral Commissioner may request the advertiser to do one or more of the following:

  • withdraw the advertisement from further publication;
  • publish a retraction in specified terms and a specified manner and form.

Headings to electoral advertisements

Electoral Act - s 114

If electoral matter is published in written form (whether for sale or without charge) in a newspaper, magazine or other periodical, or in an electronic publication on the internet, the publisher of the matter must ensure the word ‘advertisement’ is included as a headline to each article or paragraph containing the electoral matter.

If the matter is published in a newspaper, magazine or other periodical, the headline must be in letters not smaller than 10 point or long primer.

If the matter is published in an electronic publication, the headline must be in letters of a size that will be readily legible.

Size of electoral advertisements

  • Electoral Act - s 115
  • Electoral Regulations - reg 16(a)

 No electoral advertisement more than 1 square metre in area can be exhibited on:

  • a vehicle or vessel; or
  • a building, hoarding or other structure (for example, fences).

If 2 or more electoral advertisements are placed within one metre of each other, and exhibited on behalf of the same candidate or political party, they will be taken to be a single advertisement.

However, if such advertisements are displayed on different surfaces which interface at an angle of 270º or more, then they are not considered to be a single advertisement (see diagram below - click on picture to view in full screen mode).

Signage pics electoral advertising page

NOTE: An electoral advertisement more than 1 square metre in area may be projected on a screen at a theatre (including a drive-in theatre).

There is no restriction on the size of advertisements which exhibit the name of a candidate or a political party if they are displayed at or near an office or committee room of that candidate or political party, however they must not be posted within 100 metres of the entrance to a polling booth.