Overview
Any broadcaster or publisher who runs an advertisement relating to a state election has disclosure obligations under the Electoral Act 1992. This includes a requirement to lodge an election summary return disclosing all electoral advertising they have broadcast or published during the capped expenditure period.
State elections are subject to a media blackout period. The ECQ does not regulate media blackout laws. If you have questions about the blackout periods, contact the Australian Communications and Media Authority.
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Lodging election summary returns (broadcasters and publishers)
Election summary returns from broadcasters and publishers must be lodged via the ECQ’s Electronic Disclosure System (EDS) and are due within 8 weeks after the election. They are a summary of all election campaign advertising that was run on their platform within the election’s capped expenditure period and must include the following details for each advertisement:
- details of each election advertisement broadcast or published for the election
- the type of publication or broadcasting service
- the person at whose request the advertisement was broadcasted / published
- the participant in the election who authorised the advertisement
- dates, time and duration of broadcasts or the journal page and space
- whether a charge was made for broadcasting/publishing the advertisement, including the amount charged, and
- whether the amount charged was less than the normal commercial rate.
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Record keeping and compliance
The ECQ is responsible for administering and enforcing the Electoral Act 1992, which includes penalties for election participants who breach their disclosure obligations.
Broadcasters and publishers must keep comprehensive and accurate records relating to election advertising for 5 years. They are subject to audit procedures and compliance activities conducted by the ECQ. There are substantial penalties for not complying with record keeping responsibilities and obligations.
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