Fact check: The truth behind both parties’ scare campaigns

As LNP leader David Crisafulli considers truth-in-political-advertising laws if he becomes premier, we fact-check both sides’ claims in this election campaign.

Premier Steven Miles (left) and Opposition Leader David Crisafulli at this week’s leaders’ debate. Picture: Liam Kidston.

• Editor’s view: Race to bottom

Blatant lies in election material could be a thing of the past in Queensland by 2028 if the man most likely to be the state’s next premier follows through on a pledge to consider enacting truth-in-political-advertising laws.

Opposition Leader David Crisafulli confirmed he would be open to considering such laws as long as they did not curtail democracy.

But Premier Steven Miles remained unrepentant amid ongoing scare campaigns spruiked by Labor-linked third parties, including his own United Workers’ Union, and ultimately did not make a firm commitment to consider truth in political advertising laws.

Scare campaigns and misleading claims have dogged both major parties throughout the 2024 election race, ranging from baseless claims of the LNP privatising hospitals to misleading flyers of Labor implementing a so-called patients tax.

And the Electoral Commission of Queensland is powerless to act, with existing laws only making it unlawful to mislead and cause someone to cast an informal vote or making a false statement about a person’s character or conduct.

Experts say truth in political advertising laws would make elections in Queensland more civil. Similar rules have been successfully in place in South Australia for 40 years, with the Australian Capital Territory recently putting in place its own framework.

They say it is also possible to strike a balance between stamping out lies in election material and allowing political speech to run freely.

Mr Crisafulli, campaigning in Townsville on Thursday, confirmed he would look at making it unlawful to lie in political advertising, declaring: “Heaven knows we need it.”

But he was also adamant any new laws must have a framework that did not curtail democracy.

“I’d very happily have a look at any model that comes forward,” he said. “In the interim my commitment is for a fully funded Parliamentary Budget Office, and that’s important for democracy.”

Opposition Leader David Crisafulli at this week’s leaders’ debate. Picture: Liam Kidston

Mr Crisafulli also said there was merit in adding truth-in-political-advertising rules into Queensland’s electoral laws while an LNP government was tinkering with the act to overturn property developer donation bans and bring back optional preferential voting.

Mr Miles, when asked if he would implement truth in political advertising laws to stop false election material from being published in the 2028 election, argued there was nothing false about Labor’s current campaign material.

“We stand by it because we know that the LNP would cut, and if they won’t cut, they should be able to outline their costings,” he said. “They can’t outline their costings because they will cut, and you cannot achieve those kind of savings without cutting in health, and Queenslanders have a right to know that.”

He then claimed he hadn’t seen a “workable proposal” for such laws, despite South Australia’s 40 year legacy.

Mr Miles then said he would be “happy to look at what happens in South Australia”.

In South Australia political advertising cannot contain a “statement purporting to be a statement of fact that is inaccurate and misleading to a material extent”.

Premier Steven Miles at this week’s leaders’ debate. Picture: Liam Kidston

Complaints can be taken to the Electoral Commission, as an independent overseer, which considers both sides of the argument before requesting a withdrawal of the material or a retraction.

Australia Institute democracy and accountability program director Bill Browne said fines were possible, but in practice the commission’s decision was usually respected.

“South Australia’s truth in political advertising laws have been effective in nipping misleading advertising campaigns in the bud and providing a remedy for people who have been wronged by false ads,” he said. “The broader effect is to encourage a culture of honesty, which goes beyond the strict limits of the laws. There is no right to tell lies. The ... laws have been found to be compatible with Australia’s constitutional protections for freedom of political communication.”

University of South Australia communications and media lecturer Cameron McTernan said the laws in his state promoted a healthy campaign culture that was “mostly respectful”.

“The other benefit of the law is that it is fairly modest. If the electoral commissioner deems an ad to be untruthful it must be taken down with a retraction statement. They might get a small fine too,” he said.

Misleading or baseless claims used in election material have come from unions such as the UWU which has distributed pamphlets across 10 electorates falsely claiming the LNP would sell off a health asset in the area.

The LNP has also been claiming Labor will implement a “patients tax” that would cripple GP clinics.

WE FACT-CHECK THE PARTIES

HOSPITALS

Claim: Flyers and billboards authorised by United Workers Union’s Gary Bullock appeared in 10 electorates claiming the LNP would sell hospitals. A flyer endorsed by Labor State Secretary Kate Flanders says Mr Crisafulli would “privatise satellite hospitals’’.

Reality: Mr Crisafulli has ruled out privatising hospitals. His health spokeswoman Ros Bates has suggested using private hospitals to treat public patients where there is no capacity.

ABORTION

Claim: Labor has claimed its 2018 abortion law reforms would be wound back by the LNP. A flyer endorsed by Ms Flanders says “this election is a choice’’ and contrasts Premier Steven Miles as “protecting a woman’s right to choose’’ to Opposition Leader David Crisafulli for “reproductive rights taken away’’.

Reality: Mr Crisafulli has repeatedly insisted “there won’t be any changes” to the laws if he is elected, this week conceding he would not be popular with Queenslanders if he did. However he has refused to say whether he would rule out a conscience vote – as is usually the case for matters of life or death. The Katters Australian Party says it would introduce a Private Member’s Bill on the issue – meaning if a conscience vote is not ruled out, the law could be changed.

COAL ROYALTIES

Claim: Labor claims the LNP would cut its tiered coal royalty scheme which has delivered billions for new infrastructure and cost of living measures. Flyers, again endorsed by Ms Flanders, read: “David Crisafulli wants to give more than $10bn a year to multinational mining companies. This means massive cuts for Queensland.”

Reality: Mr Crisafulli has ruled out changes to royalties, but only in his first four-year term.

PUBLIC SERVICE CUTS

Claim: Labor claims the LNP’s pledge to cut debt, pay for billions in promises and not raise taxes means the only way to balance the books is to cut the public service – as former premier Campbell Newman did. A flyer endorsed by Ms Flanders said Mr Crisafulli will “cut nurses, public servants, police, infrastructure and essential services’’.

Reality: Deputy Leader Jarrod Bleijie won’t reveal his costings until next Thursday, but Mr Crisafulli has repeatedly ruled out cuts to the public service – saying he will upskill them rather than sack them.

GP TAX

Claim: The LNP sent out mass text messages to voters with claims their local Labor MP had “voted for Labor’s Patients Tax” the day before early voting opened. The message directed voters to a website authorised by LNP state director Ben Riley.

Reality: Mr Miles insists there never was a GP tax. Instead his government gave GP clinics a moratorium on payroll tax they would have been liable for after an interstate tax ruling. He has since promised – during the campaign – to exempt GPs from the tax, despite insisting that same tax never existed.

COST OF LIVING

Claim: Flyers authorised by Mr Riley say “grocery prices are up nearly 30 per cent under Labor’’ and “insurance premiums have been driven up by ... crime’’.

Reality: Grocery prices have risen as inflation soared post-pandemic. The government has limited powers to control grocery prices. It has held a supermarket inquiry, since criticised for achieving nothing. Home insurance premiums have also risen substantially, but only a portion of that has been due to crime. Natural disasters are a big contributor.

RENTERS’ TAX

Claim: An LNP Facebook ad claims “Labor’s renters’ tax will be back’’, because Treasurer Cameron Dick said he would commit to a “post-election review of taxes impacting the property industry’’.

Reality: Labor have pledged no new or increased taxes for residents.

LAUGHS AT CRIME

Claim: Mr Miles has been accused of laughing at youth crime in a One Nation ad, after appearing giggling when a reporter asked him at a lunch event in February about rising juvenile crime rates.

Reality: He said the reaction was a nervous one – prompted by the question being why he had not talked about youth crime in a speech that was solely about housing policy.

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