Labor facing $25,000 fine over ‘Ash the Ambo’ ad

The Labor Party is facing a $25,000 fine over a campaign advertisement condemning former premier Steven Marshall’s government. But the party says its confident it didn’t break any rules.

A controversial election advertisement featuring an ambulance officer telling members of the public to vote Labor could cost the party $25,000.

In the “Ash the Ambo” advertisement, which Labor launched in the lead up to the March election, paramedic Ashleigh Frier told viewers that “Lives are at risk and Steven Marshall isn’t doing enough.”

The advertisement was subsequently removed after Electoral Commissioner Mick Sherry found the campaign video was “inaccurate and misleading” – but only after Labor missed the initial deadline to take it down.

At a Budget and Finance Committee hearing on Monday Mr Sherry he was determining whether further action over the advertisement be taken.

“There is a limitation of time on these particular matters of which we are conscious, but I am hoping to make a decision regarding what, if any, matters will be referred to prosecution in the next couple of weeks,” Mr Sherry said.

SA Labor Party secretary Aemon Bourke, who was a campaign organiser during the recent state election before being promoted, said the party will always co-operate with Mr Sherry.

“I can’t provide further comment on the fine so to speak until I receive formal correspondence front the Electoral Commissioner,” Mr Bourke said.

Ambulance paramedic Ashleigh Frier, who appeared in the Labor Party advert.

“All of our TV ads go through a stringent vetting exercise where we seek advice from outside legal counsel and that was the case with this ad,” he said.

“We’re confident in the legal advice we received around the matter at the time.”

Under the South Australia Electoral Act 1985, the maximum penalty for misleading advertising is $25,000.

“A person who authorises, causes or permits the publication of an electoral advertisement (an advertiser) is guilty of an offence if the advertisement contains a statement of fact that is inaccurate and misleading to a material extent,” the Act states.

Mr Sherry said he would not comment on the specifics of the matter but that he was working with the Crown Solicitor’s Office.

He also said there had been a “significant rise” in the number of complaints received in relation to this year’s election.

He estimated there was up to 120 more complaints made than at the 2018 election.

“The main increase has been in relation to misleading advertising, and that’s due to the increased use of social media in particular,” he said.

CFMEU lawyer Peter Russell (centre) campaigning with “Ash the Ambo” (right) during the 2022 SA election. Source: Facebook

On Monday, Deputy opposition Leader John Gardner said the Labor Party had “flooded” its election campaign with the “misleading advertisement”.

“The arrogance of Labor to defy the SA Electoral Commissioner is typical of what we’ve seen of this government over the last five months,” he said.

Originally published as Labor facing $25,000 fine over ‘Ash the Ambo’ ad